rtA/VDBOOKS        OF 
AMER/CAN  GOVERNMENT 


."— n_ n — n_/i_n_n_n_n_n_n__n_n_ 


REESE  LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 
Class 


f^antiboofes  at  American  (Sfofcernment 

EDITED   BY 

ILahirntct  33.  lEijans,  p[j.®. 

PROFESSOR   OF   HISTORY  IN  TUFTS  COLLEGE 


The   Government   of  Maine 


HANDBOOKS    OF  AMERICAN   GOVERNMENT 


The 

Government    of   Maine 

Its  History  and  Administration 


BY 


WILLIAM    MAcDONALD,  LL.D. 

PROFESSOR  OF  HISTORY  IN  BROWN  UNIVERSITY;   SOMETIME 

PROFESSOR  OF  HISTORY  AND   POLITICAL  SCIENCE 

IN  BOWDOIN  COLLEGE 


^SE  LIB*; 

OF  THE 

UNIVERSITY 

r>        OP 
i^i 


THE   MACMILLAN    COMPANY 

LONDON :  MACMILLAN  &  CO.,  LTD. 
1902 

All  rights  reserved 


REESE 


COPYRIGHT,  1902, 
BY  THE  MACMILLAN  COMPANY. 

Set  up  and  electrotyped  September,  1902. 


NorfoootJ  IDrras 

J.  8.  Cuihing  &  Co.  —  Berwick  &  Smith 
Norwood  Maes.  U.S.A. 


PREFACE 

THIS  book,  begun  at  Bowdoin  College,  is  finished 
at  Brown  University.  In  writing  it  I  have  tried  to 
keep  in  mind  the  needs  of  students  in  high  schools 
and  academies,  for  whose  use  it  is  particularly  de- 
signed, and  to  avoid  overloading  the  text  with  rela- 
tively unimportant  details.  I  am  under  obligations 
to  numerous  State  and  local  officials  for  information 
and  assistance  in  matters  relating  to  their  respective 
offices;  to  Mr.  Edward  W.  Wheeler  of  Brunswick, 
Maine,  for  light  on  some  points  of  legal  procedure 
and  the  organization  of  the  party  system  in  the 
State ;  and  to  Mr.  John  A.  Morrill,  of  Auburn,  for 
his  kindness  in  furnishing  me  with  advance  sheets 
of  his  revision  of  the  laws  of  Maine.  For  historical 
data  relating  to  the  educational  system  of  the  State 
I  have  drawn  largely  upon  the  annual  reports  of 
Hon.  W.  W.  Stetson,  State  Superintendent  of  Public 
Schools,  particularly  the  report  for  1900. 

The  texts  of  a  number  of  documents  in  the  Appen- 
dix are  reprinted  from  my  "  Select  Charters,"  by 
permission  of  The  Macmillan  Company. 

WILLIAM   MACDONALD. 
AUGUST,  1902. 


CONTENTS 

CHAPTER  I 
THE  PROVINCE  AND  DISTRICT  OF  MAINE 

PAGE 

§  i.  References.  §  2.  Physical  Geography.  §  3.  Early  Explora- 
ration  and  Settlement.  §  4.  Gorges's  Province  of  Maine. 
§  5.  The  Massachusetts  Claim.  §  6.  Colonial  Development. 
§  7.  Maine  during  the  Revolution.  §  8.  The  District  of 
Maine I 

CHAPTER  II 
THE  STATE  OF  MAINE 

§9.  References.  §  10.  Admission  to  the  Union.  §  n.  The 
Northeast  Boundary.  §  12.  Maine  in  the  Civil  War. 
§  13.  The  Election  of  1879-1880.  §  14.  Growth  and  Outlook  14 

CHAPTER  III 
THE  ORGANIZATION  OF  THE  STATE 

§  15.  References.  §  16.  The  Powers  of  the  State.  §  17.  The 
Constitution.  §  18.  The  Preamble  and  Declaration  of  Rights. 
§  19.  Amendment.  §  20.  The  Form  of  Government  .  .  21 


CHAPTER  IV 
THE  CENTRAL  GOVERNMENT 

21.  References.      §  22.  The  Three  Departments.      §  23.  The 
Executive.     §  24.  The  Council.     §  25.  Other  Executive  Offi- 
cers.    §  26.   Boards  and  Commissions.     §  27.  The  Legisla- 
ture.    §  28.  The  Judiciary      .         .         .         .    ^    .         .         .32 
vii 


viii  Contents 

CHAPTER  V 
LOCAL  GOVERNMENT 

PAGE 

§  29.  References.  §  30.  The  Town.  §  31.  The  Plantation. 
§  32.  Unincorporated  Places.  §  33.  Cities.  §  34.  The 
County.  §  35.  General  Observations 53 

CHAPTER  VI 

NOMINATIONS  AND  ELECTIONS 

§  36.  References.  §  37.  Qualifications  of  Voters.  §  38.  Regis- 
tration. §  39.  Nomination.  §  40.  Elections  ...  75 

CHAPTER  VII 
THE  ADMINISTRATION  OF  JUSTICE 

§  41.  References.  §  42.  The  Law.  §  43.  Rights  and  Duties. 
§  44.  Constitutional  Guarantees.  §  45.  The  Courts. 

§  46.  Civil  Procedure.     §  47.  Criminal  Procedure         .        .      95 

CHAPTER  VIII 

EDUCATION 

§  48.  References.  §  49.  Historical  Development.  §  50.  Local 
Organization  and  Management.  §  51.  State  Superintendent. 
§  52.  Grades,  Studies,  and  Teachers.  §  53.  School  Finances. 
§  54.  Academies.  §  55.  Normal  and  Training  Schools. 
§  56.  The  University  of  Maine.  §  57.  Other  Educational 
Agencies 118 

CHAPTER  IX 
THE  PROTECTION  AND  COMFORT  OF  THE  STATE 

§  58.  References.  §  59.  Social  Classes  and  Needs.  §  60.  The 
Militia.  §  61.  Pensions.  §  62.  State  Charities.  §  63.  Cor- 
rectional Institutions.  §  64.  Labor.  §  65.  Public  Health. 
§  66.  The  Prohibitory  Law.  §  67.  Public  Lands  and  Forests. 
§  68.  Fish  and  Game.  §  69.  Indians 143 


Contents  ix 

CHAPTER  X 

REVENUE  AND  EXPENDITURE 

PAGE 

70.  References.  §  71.  Receipts  and  Expenses.  §  72.  Taxes. 
§  73.  Assessment  of  Property.  §  74.  Collection  of  Taxes. 
§  75.  Taxation  of  Corporations.  §  76.  Exemptions.  §  77.  Pub- 
lic Expenditure.  §  78.  Village  Corporations.  §  79.  General 
Observations 167 


APPENDIX  A 

CHRONOLOGICAL  TABLES 

§  80.   Record  of  Events.     §  81.   Governors  of  Maine  .        .        .189 

APPENDIX  B 
SELECT  HISTORICAL  DOCUMENTS  (Excerpts) 

§  82.  First  Charter  of  Virginia.  §  83.  Patent  of  the  Council  for 
New  England.  §  84.  Grant  of  Maine  to  Gorges  and  Mason. 
§85.  First  Charter  of  Massachusetts.  §86.  Plymouth  Patent. 
§  87.  Grant  of  the  Province  of  Maine.  §  88.  Grant  to  the 
Duke  of  York.  §  89.  Second  Charter  of  Massachusetts. 
§  90.  Articles  of  Separation.  §  91.  Act  of  Cession. 
§  92.  Act  admitting  Maine  into  the  Union.  §  93.  Con- 
stitution of  Maine 194 

APPENDIX  C 
§  94.  The  State  Government  in  Outline 243 

APPENDIX  D 
STATISTICAL  TABLES 

§  95.  Presidential  Vote  of  Maine.  §  96.  Population  of  Maine 
by  Counties.  §  97.  Population  of  Places  of  4000  Inhabitants 
or  over.  §  98.  State  Finances 249 


CHAPTER   I 
THE  PROVINCE  AND  DISTRICT  OF  MAINE 

i .    REFERENCES 

Williamson's  History  of  Maine,  though  old,  is  still  the  best  account 
of  the  early  history  of  the  State.  It  brings  the  narrative  down  to 
about  1820.  Sullivan's  History  of  the  District  of  Maine,  an  earlier 
work,  is  still  valuable.  The  histories  of  Abbott  and  Varney  are 
popular  works.  The  Collections  of  the  Maine  Historical  Society 
contain  much  material  of  general  importance.  Kohl's  History  of  the 
Discovery  of  Maine  (Vol.  I.  of  the  Documentary  History  of  Maine  in- 
cluded in  the  Collections)  treats  of  voyages  before  1600.  There  is  a 
learned  note  on  the  origin  of  land  titles  in  Maine  prefixed  to  the 
Revised  Statutes  of  1883.  The  Farnham  Papers,  forming  part  of  the 
Documentary  History,  include  all  important  grants,  patents,  and  similar 
documents.  The  Baxter  Manuscripts  and  Trela-wney  Papers,  in  the 
same  series,  are  miscellaneous  collections  from  1629.  Of  prime  impor- 
tance for  the  early  period  are  the  York  Deeds.  The  volumes  include 
other  papers  besides  deeds,  and  have  useful  historical  introductions. 
Town  and  county  histories  are  numerous  and  important,  but  often  dif- 
ficult to  use  for  purposes  of  general  study.  Williamson's  Bibliography 
of  Maine,  to  1891,  is  an  exhaustive  catalogue  of  the  literature.  The 
best  atlas  of  Maine  is  Stuart's,  1901,  and  there  are  useful  county 
atlases;  but  the  State  has  not  yet  been  accurately  surveyed,  and  none 
of  the  published  maps  can  be  implicitly  relied  upon. 

2.   PHYSICAL  GEOGRAPHY 

The  State  of  Maine  forms  the  northeastern  corner  Situation. 
of  the  United  States.     Its  extreme  length  is  about 
300  miles,  its  extreme  width  about  285  miles.1     Its 

1  Maine  lies  approximately  between  43°  4'  and  47°  27'  north  lati- 
tude, and  66°  56'  and  71°  6'  west  longitude. 
B  I 


2  Government  of  Maine 

area,  33,040  square  miles,  is  about  equal  to  that  of 
the  other  five  New  England  States  combined.     The 
Shape.  general  shape  is  triangular,  and  has  been  likened  to  a 

mountain  peak  broken  at  the  top.  The  long  south- 
east side  rests  on  the  Atlantic,  while  New  Brunswick 
and  Quebec  bound  it  on  the  northeast,  north,  and 
west,  and  New  Hampshire  on  the  south  and  south- 
Coast,  west.  No  State  has  so  broken,  rugged,  and  pictu- 
resque a  coast-line,  the  actual  length  of  the  coast 
being  not  far  from  2500  miles.  Along  the  coast,  and 
for  the  most  part  at  no  great  distance  from  it,  are 
numerous  islands,  that  of  Mt  Desert  being  the 
largest,  while  the  many  indentations  form  commodious 
harbors,  some  of  which  are  accessible  to  the  largest 
seagoing  vessels. 

Surface.  The  surface  of  the  State,  in  general  rugged  and 

broken,  presents  two  well-defined  slopes  or  drainage 
areas.  The  northern  slope,  drained  by  the  river  St. 
John  and  its  tributaries,  includes  about  one-third  of 
the  area  of  the  State.  The  southern  slope  is 
drained  by  the  rivers  which  flow  southeastward  into 
the  Atlantic.  The  coast  rises  toward  the  east. 
Mt.  Katahdin  and  the  northeastern  peaks  of  the 
White  Mountain  range  are  the  only  considerable 
mountains.1  The  State  is  numerously  dotted  with 
Lakes.  lakes,  large  and  small,  Moosehead  and  Rangeley  lakes 

being   the  largest.2     A   noticeable   characteristic   of 
the  lakes  is  their  high  altitude  above  the  sea.     The 
Rivers.          principal  rivers,  —  the  St.  John,  Penobscot,  Kennebec, 

1  Mt.  Katahdin  rises  imposingly  from  a  plain  to  a  height  of  5385 
feet. 

2  The  lakes,  about  150x5  in  number,  comprise  about  one-fifteenth  of 
the  area  of  the  State. 


The  Province  and  District  of  Maine  3 

Androscoggin,  and  Saco,  —  though  rising  far  in  the 
interior,  are  navigable  only  a  short  distance  from  the 
sea,  but  they  afford  excellent  and  abundant  water 
power,  which  has  long  been  utilized  for  manufactur- 
ing purposes. 

The  soil  of  Maine,  save  in  the  Aroostook  valley  Soil 
and  along  the  rivers,  is  not  fertile.  "  The  Aroostook 
valley,  which  comprises  the  largest  area  of  fertile 
farming  land  in  New  England,  has  a  deep,  porous, 
yellow  loam,  especially  adapted  to  the  growing  of 
fruits  and  vegetables."  l  Fortunately,  however,  Maine 
does  not  need  to  depend  upon  agriculture  alone  for 
its  wealth.  Its  extensive  forests  of  hard  and  soft  industries, 
wood,  its  large  deposits  of  granite,  slate,  and  lime- 
stone, its  fisheries,  and  its  ice  afford  employment  to 
thousands  of  persons,  and  yield,  where  properly  de- 
veloped, large  and  increasing  returns ;  while  the 
excellent  hunting  and  fishing,  which  the  State  care- 
fully fosters,  and  the  reputation  of  Maine  as  the  sum- 
mer resort  par  excellence  of  eastern  North  America, 
form  unique  and  important  sources  of  revenue. 

3.   EARLY  EXPLORATION  AND  SETTLEMENT 

In  1603  Martin  Pring  visited  Penobscot  Bay  and  Early 
followed  the  coast  thence  to  the  southwest.     In  the  exPlorers- 
same  year  Henry  IV.  of  France  granted  to  De  Monts 
the  region  between  the  fortieth  and  forty-sixth  par- 
allels of  north  latitude,  under  the  name  of  Acadie,  or 
Acadia.2     De  Monts  and  Champlain  visited  Passama- 
quoddy   Bay  the  next  year   and  passed  the  winter 

1  Bulletin  No.  139,  Twelfth  Census  of  the  United  States. 

2  The  patent  is  in  Williamson,  History  of  Maine,  I ,  Appendix  I. 


Government  of  Maine 


Plymouth 
Company. 


Popham 
colony. 


Further 
settlement. 


there,  the  following  year  exploring  the  coast  as  far  as 
Cape  Cod.  In  1605  Wey mouth  coasted  north  from 
Cape  Cod  as  far  as  the  Penobscot,  where  he  kid- 
napped and  carried  back  with  him  to  England  five 
Indians,  three  of  whom  subsequently  lived  for  a  time 
in  the  family  of  Sir  Ferdinando  Gorges.1 

In  1606  James  I.  of  England  granted  to  the  Plym- 
outh and  London  Companies  the  whole  region  be- 
tween the  thirty-fourth  and  forty-fifth  parallels.2  The 
northern  part  of  this  vast  grant,  between  the  thirty- 
eighth  and  forty-fifth  parallels,  was  assigned  to  the 
Plymouth  Company,  of  which  Sir  John  Popham,  lord 
chief  justice,  and  Sir  Ferdinando  Gorges,  comman- 
dant at  Plymouth,  were  influential  members.  A 
colony  of  upwards  of  a  hundred  persons  under  the 
leadership  of  George  Popham,  brother  of  the  chief 
justice,  and  Ralegh  Gilbert,  was  sent  out  in  1607 
'and  established  itself  at  the  mouth  of  the  Kennebec, 
or  Sagadahoc,  as  it  was  for  some  time  called.  Here 
the  colonists  built  a  fort,  a  church,  a  storehouse,  and 
some  fifty  houses,  besides  a  thirty-ton  pinnace.  But 
the  winter  was  severe,  Popham  died,  and  the  discour- 
aged colonists  returned  to  England.3 

The  island  of  Monhegan,  which  seems  early  to  have 
been  a  landmark  for  seamen,  shortly  became  an  im- 
portant fishing  station  and  a  centre  for  Indian  trade. 

1  See  McKeen,  "  Remarks  on  the  Voyage  of  Weymouth,"  in  Collec- 
tions  of  Maine   Historical  Society,   V.  ;„  cf.    articles   by  Prince  and 
Cushman,  ibid.,  VI.,  and  Barrage,  ibid.,  2d  Series,  II.,  225-250. 

2  The  grant  is  in  MacDonald,  Select  Charters,  i-n,  and  in  Poore, 
Charters  and  Constitutions,  II.,  1888.     Extracts  are  in  Appendix  B. 

8  See  Gorges,  "  Briefe  Narration,"  in  Collections  of  Maine  Historical 
Society,  II.;  Strachey,  "Travaile  into  Virginia  Britannia,"  ibid..  III., 
286-309. 


The  Province  and  District  of  Maine  5 

There  were  also  trading  posts  at  Pemaquid  and  else- 
where.1 In  1609  the  Jesuits  established  a  fortified  mis- 
sion station  on  the  island  of  Mount  Desert.  Argall, 
under  the  authority  of  Virginia,  dispossessed  the 
French,  but  they  later  returned.  In  1614  Captain 
John  Smith  made  a  trading  voyage  to  New  England, 
exploring  the  Maine  coast  as  far  as  the  Penobscot. 

In  1620  Gorges  and  others,  under  the  name  of  the 
Council  for  New  England,  obtained  a  grant  of  the  Council 
country  between  the  fortieth  and  forty-eighth  paral- 
lels,  under  the  name  of  New  England.2  The  patent 
gave  the  company  not  only  the  monopoly  of  trade 
but  extensive  powers  of  government  and  control  as 
well.  Two  years  later  Gorges  and  John  Mason  pro- 
cured from  the  council  a  patent  for  the  region  between 
the  Merrimac  and  Sagadahoc,  and  sixty  miles  inland, 
under  the  name  of  the  Province  of  Maine.3  A  per- 
manent settlement  was  shortly  begun  at  Saco,  fol-  Province  of 
lowed  within  a  year  by  another  at  Agamenticus,  or  Mame* 
York.  The  people  of  Plymouth,  who  had  been  trad- 
ing on  the  Kennebec  and  Penobscot,  obtained  from 
the  council  in  1629  a  grant  of  some  fifteen  hundred 
thousand  acres  on  both  sides  of  the  former  river.4 
The  next  few  years  saw  numerous  grants  of  land  in 
Maine,  eventually  embracing  the  whole  sea-coast  from 
the  Piscataqua  to  the  Penobscot,  except  the  region 

1  See  Hough,  "  Pemaquid  in  its  Relations  to  our  Colonial  History,"  in 
Collections  of  Maine  Historical  Society,  VII.;     Thornton,   "Ancient 
Pemaquid,"  ibid.,  V. 

2  The  patent  is  in  MacDonald,  Select  Charters,  23-33,  and  in  Poore, 
Charters  and  Constitutions,  I.,  921.     Extracts  are  in  Appendix  B. 

8  The  patent  is  in  Ballard,  Memorial  Volume  of  the  Popham  Celebra- 
tion, Appendix,  121-123.     See  extracts  in  Appendix  B. 
4  Extracts  from  the  patent  are  in  Appendix  B. 


Government  of  Maine 


Gorges's 
grant. 


Plan  of 
government. 


between  the  Kennebec  and  Damariscotta,1  and  most 
of  this  last  was  claimed  by  Plymouth  under  the 
Kennebec  patent. 

4.   GORGES'S  PROVINCE  OF  MAINE 

The  monopoly  given  to  the  Council  for  New  Eng- 
land by  the  patent  of  1620  had  been  several  times 
attacked  in  Parliament,  where  the  opposition  to 
monopolies  had  rapidly  risen,  and  in  1635  the  patent 
was  surrendered.  The  territory  was  divided  by  lot 
among  the  twelve  patentees,2  Gorges  receiving  the 
share  which,  with  additions,  was  confirmed  to  him 
by  Charles  I.,  in  1639,  as  the  Province  of  Maine. 
The  grant  made  by  the  royal  charter  included  the 
region  between  the  Piscataqua  and  the  Kennebec,  or 
about  one-sixth  of  the  present  State  of  Maine.3  Over 
this  grant  Gorges  was  to  rule  as  lord  palatine,  after 
the  manner  of  Lord  Baltimore  in  Maryland  and  the 
later  proprietors  in  Carolina.  For  the  government 
of  the  province,  he  "called  into  existence  a  staff  of 
officials  which  might  have  sufficed  for  the  affairs  of  the 
Byzantine  Empire."4  A  code  of  ordinances  provided 
for  a  deputy  governor  and  six  councillors,  to  whom 
the  general  administration  of  the  colony  was  intrusted. 
There  were  to  be  four  counties,  divided  into  eight 
hundreds,  with  later  divisions  of  parishes  and  tith- 

1  Williamson,  Maine,  I.,  242,  243. 

2  Williamson,  Maine,  I.,  256,  257,  gives  the  divisions. 

8  The  patent  is  in  Poore,  Charters  and  Constitutions,  L,  774-783. 
Extracts  are  in  Appendix  B.  The  ordinances  of  government  are  in 
Sullivan,  History  of  Maine,  413-421.  The  best  account  is  Baxter,  Sir 
Ferdinando  Gorges  and  his  Province  of  Maine.  See  also  Williamson, 
Maine,  I.,  272-282. 

4  Doyle,  Puritan  Colonies,  I.,  289. 


The  Province  and  District  of  Maine  7 

ings.     A  legislative  body  of  eight  formed,  with  the 
council,  the  assembly. 

The  first  general  court  was  held  at  Saco,  where  Government 
an  organized  government  under  William  Gorges,   a  estabhshed- 
nephew  of  the  proprietor,  had  already  been  set  up. 
Two  counties,  later   known  as  Somerset  and  York, 
were  shortly  erected,  and  in  1642  Agamenticus  was 
made  a  city  under  the  name  of  Gorgeana.1 

The  efforts   to  establish  an  independent   govern-  Encroach- 
ment in  Maine  had  not  been  viewed  with  favor  by 


Massachusetts,  and  the  encroachments  of  the  latter  setts. 
colony  were   early   felt.      The    Pejepscot   purchase, 
including  the  present  Brunswick  and  some  adjacent 
territory,  had  been  assigned  to  Massachusetts  in  1639, 
and  the  New  Hampshire  settlements,  which  in  1629 
had  been  cut  off  from  Maine  and  given  to  Mason, 
were  absorbed  in    1642,  while    a   law  of    1641    had 
abolished  all   feudal  tenures  and  obligations  within 
the  jurisdiction  of  the  Massachusetts  General  Court.2 
When  the  New  England  Confederation  came  to  be  New 
formed,  in  1643,  Maine  was  not  admitted  to  member-  confede 
ship  because  it  maintained  episcopacy  and  sheltered  tion. 
heretics  from  the  other  colonies.3    There  were  troubles 
between  Gorges  and  Cleeve,4  the  deputy  president 
of  Lygonia,  and  with  the  French  in  Acadia,  while 
the  territory  of   Sagadahoc,  east   of   the    Kennebec 
River,  had  no  established  government,  and  no  im- 
portant settlement  as  yet  except  Pemaquid.     In  1647 
Gorges,  who  had  never  seen  his  province,  died. 

1  The  name  is  often  misspelled  Georgcana. 

2  York  Deeds,  I.,  55-59. 

8  Doyle,  Ptiritan  Colonies,  I.,  308. 

4  See    Baxter,   "  George    Cleeve   of   Casco    Bay,"    Gorges   Society 
Publications. 


Government  of  Maine 


"  Three 
mile  "  claim. 


Absorption 
of  settle- 
ments. 


The  Gorges 

claim 
revived. 


5.   THE  MASSACHUSETTS  CLAIM 

The  Massachusetts  charter  of  1629  gave  to  that 
colony  the  territory  between  points  three  miles  south 
of  the  Charles  River,  "  or  of  any  or  every  part 
thereof,"  and  three  miles  north  of  the  Merrimac.1 
On  the  authority  of  this  charter,  Massachusetts 
claimed  to  extend  its  northern  boundary  to  a  point 
three  miles  north  of  the  source  of  the  Merrimac, 
thus  including  not  only  Mason's  claim  in  New  Hamp- 
shire, but  the  southwestern  part  of  Maine  as  well. 
In  1652  commissioners  from  Massachusetts  held  a 
court  at  Kittery,  and  the  settlements  shortly  sub- 
mitted. The  Isles  of  Shoals  and  the  region  north  of 
the  Piscataqua  were  erected  into  the  county  of  York, 
and  two  representatives  were  admitted  to  the  general 
court.  The  inhabitants  became  freemen  of  Massa- 
chusetts on  liberal  terms,  no  requirement  of  church 
membership  being  made,  and  only  county  and  town 
taxes  being  levied  for  some  years.  The  jurisdiction 
thus  established  was  gradually  extended,  the  people 
of  Lygonia,  including  Scarboro  and  Falmouth,  sub- 
mitting in  1658. 

On  the  restoration  of  Charles  II.  in  1660,  Ferdi- 
nando  Gorges,  a  grandson  of  the  original  proprietor, 
claimed  the  province  of  Maine.  A  committee  of 
Parliament  decided  in  his  favor,  and  in  January,  1664, 
a  royal  order  directed  Massachusetts  to  restore  the 
province  to  him  or  give  reasons  for  holding  it.  Com- 
missioners were  also  sent  from  England  to  inves- 
tigate the  affairs  of  all  the  colonies.  Massachusetts 


1  The  charter  is  in  MacDonald,  Select  Charters,  37-42,  and  in  Poore, 
Charters  and  Constitutions,  I.,  932.     Appendix'  B  gives  extracts. 


The  Province  and  District  of  Maine  9 

refused  to  yield,  and  denied  the  authority  of  the 
commissioners  to  take  possession  of  Maine.  The 
commissioners  visited  Maine,  however,  and  set  up  a 
form  of  government,  but  they  were  shortly  recalled, 
and  in  1668  Massachusetts  resumed  •  jurisdiction  of 
the  province. 

In    March,    1664,    the   territory   between   the   St.   Grant  to 
Croix  and  Pemaquid,  known  later  under  the  various  y^e  of 
names  of  Newcastle,  the  county  of  Canada,  and  the 
county  of  Cornwall,  was  included  in  the  grant  to  the 
Duke  of   York,  notwithstanding   the    French   claim 
to  the  same  region  as  forming  part  of  Acadia.1 

A  new  survey  of  the  northern  line  of  Massachu- 
setts in  1672  extended  the  boundary  of  that  colony 
beyond  the  Kennebec  to  Penobscot  Bay.     The  claim 
of   Gorges  was  revived  in  1676,  and  Edward   Ran- 
dolph was  active  in  his  prosecution  of  this  and  other 
charges   against   the  colony.     The   decision   of   the 
king  in  council  was    against    Massachusetts,  but  in 
1677   Massachusetts   quietly  purchased   the    Gorges  purchase  of 
claim  for  .£1250,  and  thenceforth  held  Maine  as  a  Maine< 
proprietor. 

6.   COLONIAL  DEVELOPMENT 

When  Sir  Edmund  Andros  became  governor  of  Andros. 
the  Duke  of  York's  possessions  in  America,  in  1674, 
his  jurisdiction  included  the  eastern  county  of  Saga- 
dahoc.  Andros  took  possession  of  Pemaquid  and 
built  a  fort  there.  In  1680  Massachusetts  reorgan- 
ized the  administration  of  Maine.  Subject  to  the 

1  Extracts  from  the  grant  are  given  in  MacDonald,  Select  Charters, 
I36~I39»  and  in  Appendix  B.  The  entire  document  is  given  in  Poore, 
Charters  and  Constitutions,  I.,  786. 


io  Government  of  Maine 

Government  governor  and  assistants,  the  immediate  direction  of 
of  Maine.  affairs  was  intrusted  to  a  provincial  president, 
chosen  annually,  and  a  legislature  composed  of  a 
standing  council  of  eight  members  and  a  lower  house 
of  deputies  from  the  towns.  Thomas  Danforth, 
deputy  governor  of  Massachusetts,  was  chosen  the 
first  provincial  president.  In  1684,  however,  the 
charter  of  Massachusetts  was  vacated,  and  for  seven 
years  the  colony  was  governed  directly  by  the  crown. 
In  1688  New  England,  New  York,  and  New  Jersey 
were  united  under  the  governorship  of  Andros,  but 
the  arrangement  was  short-lived,  and  on  the  flight 
of  James  II.  and  the  accession  of  William  and  Mary, 
Andros  was  deposed  and  government  under  the 
Second  charter  was  temporarily  resumed.  In  1691  a  second 
^charter  charter  gave  to  Massachusetts  the  whole  of  Maine 

as  far  as  the  St.  Croix  River.1 

Slow  Under  the  charter  of    1691  the  affairs  of   Maine 

development.  werCj  jn  general,  well  administered  by  Massachu- 
setts. Members  from  Maine  sat  in  both  the  coun- 
cil and  the  general  court.  But  the  province  was 
still  poor  and  weak,  with  a  population  in  1700  of 
only  five  or  six  thousand.  In  the  various  French 
and  Indian  wars  which  went  on,  with  but  brief  inter- 
missions, between  1690  and  1760,  the  settlements  in 
Maine  suffered  severely.  Attempts  were  made  to 
extend  the  Indian  trade  by  the  establishment  of 
truck-houses,  under  agents  known  as  truck-masters, 
but  the  trade  was  not  profitable.  In  1716  the 
limits  of  Yorkshire,  then  the  only  county,  were  ex- 
tended to  the  St.  Croix,  but  as  the  French  still 

1The  charter  is  in  MacDonald,  Select  Charters,  205-212,  and  in 
Poore,  Charters  and  Constitutions,  I.,  942.     Appendix  B  gives  extracts. 


The  Province  and  District  of  Maine  1 1 

claimed  everything  east  of  the  Penobscot,  the  Eng- 
lish advance  was  slow.  A  boundary  dispute  with 
New  Hampshire  was  settled  in  1740.  By  this  time 
industry  had  revived,  shipbuilding  and  the  fisheries 
being  in  a  prosperous  state,  while  the  population 
had  grown  by  1743  to  about  twelve  thousand. 

In  the  intercolonial  war  which  began  in  1744  intercolonial 
there  were  large  enlistments  from  Maine,  and  the  wars' 
capture  of  Louisburg,  in  June,  1745,  was  achieved 
by  a  colonial  force  under  the  command  of  William 
Pepperell  of  Kittery.  Some  of  the  Acadians  de- 
ported from  Nova  Scotia  in  1755  were  sent  to 
Maine  to  be  supported  by  the  towns,  while  others 
eventually  made  their  way  to  the  upper  St.  John, 
where  many  of  their  descendants  now  reside.  The 
capture  of  Quebec  in  1759,  and  the  subsequent  sur- 
render of  all  Canada  to  the  English,  at  last  brought 
peace  to  the  disturbed  province.  New  grants  of 
land  were  made  both  east  and  west  of  the  Penobscot, 
while  the  erection  of  Cumberland  and  Lincoln  coun- 
ties in  1760  testified  to  the  growth  of  population 
and  the  extension  of  the  settled  area. 

7.   MAINE  DURING  THE   REVOLUTION 

The   growing   opposition   in   the   colonies   to   the  Faimouth 
policy  and  acts  of  the  mother  country,  which  shortly  r  olutlons< 
brought  about  the  Revolution,  was  early  manifested 
in  Maine.     In  1771  the  attempt  of  the  comptroller 
of  customs  at  Faimouth  to  enforce  the  revenue  laws 
by  seizing  a  schooner  in  the   harbor    led   to  a  per- 
sonal attack  on  the  officer.     In  1774  the  Faimouth 
town  meeting  declared  "that  neither  the  Parliament 


12 


Government  of  Maine 


Fal  mouth 
burned. 


of  Great  Britain,  nor  any  other  power  on  earth,  has  a 
right  to  lay  a  tax  on  us  without  our  consent,  or  the 
consent  of  those  whom  we  might  choose  to  represent 
us  " ;  and  it  was  resolved  to  give  up  the  use  of  tea, 
to  refuse  licenses  to  innholders  and  merchants  who 
should  sell  tea,  and  to  appoint  a  committee  of  cor- 
respondence.1 Similar  action  was  taken  by  other 
towns  and  measures  of  defence  adopted.  Of  the 
Revolutionary  War  itself,  however,  Maine  saw 
but  little.  The  bombardment  and  burning  of  Fal- 
mouth  in  1775  was  in  part  atoned  for  by  the  cap- 
ture of  a  British  armed  vessel  off  Machias,  but  the 
British  established  themselves  at  Castine  and  re- 
mained there  throughout  the  war.2  Arnold's  unsuc- 
cessful expedition  to  Quebec  followed  the  Kennebec 
and  Dead  rivers,  and  thence  across  the  divide  to  the 
Chaudiere.3 


District  of 
Maine. 


8.   THE  DISTRICT  OF  MAINE 

In  1778  the  Continental  Congress,  having  assumed 
jurisdiction  of  maritime  cases,  divided  Massachusetts 
into  three  districts,  of  which  the  northern,  comprising 
the  counties  of  York,  Cumberland,  and  Lincoln,  be- 
came known  thereafter  as  the  District  of  Maine. 
The  Massachusetts  constitution  of  1780  gave  Maine 
four  senators,  and  one-tenth  of  the  revolutionary  debt 
of  the  State  was  allotted  to  the  district.  Upon  the 
close  of  the  war  there  was  a  considerable  immigration 
into  Maine,  and  new  towns  were  rapidly  incorporated. 

1  Williamson,  Maine,  II.,  409-411,  gives  the  resolutions. 

2  See  Kidder,  Military  Operations  in  Eastern  Maine  and  Nova 
Scotia  during  the  Revolution. 

8  See  Codman,  ArnoWs  Expedition  to  Quebec. 


The  Province  and  District  of  Maine  13 

On  the  adoption  of  the  Constitution  of  the  United 
States,  Maine  was  made  a  representative  district,  the 
number  of  representatives  being  thereafter  gradually 
increased.  The  representation  of  the  district  in  the 
General  Court,  as  the  legislature  of  Massachusetts 
was  called,  was  also  added  to  as  the  population  grew. 
The  growth  of  population,  indeed,  was  remarkably  Growth  of 
rapid.  In  1800  it  was  151,719,  an  increase  of  more  thedlstnct 
than  55,000  in  ten  years ;  in  1810  it  was  228,687. 
Hancock  and  Washington  counties  were  established 
in  1789,  Kennebec  County,  formed  from  Lincoln  Counties. 
County,  in  1799,  Oxford  County,  comprising  parts  of 
the  counties  of  York  and  Cumberland,  in  1805,  and 
Somerset  County,  taken  from  Kennebec  County,  in 
1809.  Bowdoin  College,  the  oldest  college  in  the 
State,  was  chartered  in  1794. 

The  embargo  and  non-intercourse  laws  had  borne  War  of  1812. 
heavily  on    Maine,    where    shipbuilding  and   fishing 
were  leading  industries,  and  there  were  large  enlist- 
ments for  the  War  of  1812.     On  the  fifth  of  Septem- 
ber, 1813,  the  British  brig   Boxer  was   captured  by  Boxer  and 
the  American  brig  Enterprise  off  Portland.     In  July,  EnterPrtse- 
1814,  however,  the  British  took  possession  of  East- 
port,   and  in  August  occupied  Castine  and  Belfast 
and    plundered     Hampden    and   Bangor.      Machias 
also  fell  into  their  hands.     Castine  was  made  a  port  British  at 
of   entry  and    a   provincial   government    proclaimed  Castme- 
over  the   region  between   the   Penobscot   and   New 
Brunswick.     The  British  occupation  ceased  in  April, 
1815. 


CHAPTER   II 

THE  STATE  OF  MAINE 

9.    REFERENCES 

Information  regarding  the  history  of  Maine  as  a  State  must  be  sought 
chiefly  in  the  annual  or  biennial  volumes  of  statutes,  the  messages  of 
the  governors  and  reports  of  State  officers  and  departments,  and  the 
decisions  of  the  supreme  court.  The  original  constitution,  with  the 
amendments  to  1876,  is  in  Poore's  Charters  and  Constitutions ;  I., 
788-809.  The  amended  constitution  of  1876  is  in  the  Revised  Statutes 
of  1883,  the  annual  Maine  Register,  and  other  places.  The  journal 
of  the  constitutional  convention  of  1819-1820  was  printed  at  Augusta  in 
1856.  For  the  period  from  1861  onward  Appleton's  Annual  Cyclope- 
dia is  of  great  usefulness.  The  growth  of  population  and  industry  is 
best  traced  in  the  reports  of  the  decennial  censuses  of  the  United 
States.  Town  and  county  histories  are  visually  most  valuable  for  the 
period  before  1820. 

10.   ADMISSION  TO  THE  UNION 

Early  move-  Although  the  general  policy  of  Massachusetts  in 
its  treatment  of  Maine  had  been  just  and  liberal,  the 
geographical  separation  of  the  district,  differences  of 
opinion  between  Maine  and  Massachusetts  regarding 
national  politics,  and  a  desire  to  avoid  the  burden  of 
the  State  debt,  had  early  bred  a  desire  for  political 
independence.1  -As  early  as  1786-1787  conventions 
had  been  held  at  Falmouth,  but  the  representation  of 

1  For  a  list  of  grievances,  1786,  see  Williamson,  Maine,  II.,  523-525. 
The  Falmouth  Gazette,  the  first  newspaper  in  Maine,  was  established 
in  1785  mainly  to  advocate  separation. 


The  State  of  Maine  15 

towns  was  small  and  the  opposition  strong.  Massa-  Action  of 
chusetts  also  granted  substantial  concessions,  and  the  ff^sachu" 
agitation  subsided.  The  events  of  the  War  of  1812, 
however,  impressed  many  persons  with  the  expedi- 
ency of  a  separate  government,  and  the  discussion  of 
the  question  was  resumed  with  earnestness.  In  Feb- 
ruary, 1816,  the  General  Court  directed  the  towns 
and  plantations  to  vote  on  the  question  of  separation, 
but  the  returns  showed  that  a  majority  of  the  voters 
had  not  voted.1  A  law  was,  however,  passed  pre- 
scribing terms  of  separation,  directing  the  towns  to 
vote  again  on  the  question  in  September,  and  calling 
a  convention  to  meet  at  Brunswick  to  canvass  the 
vote.  The  vote  did  not  show  the  majority  that  the 
law  required,  and  the  convention  was  dissolved.2 

The  matter  rested  until  June,  1819,  when  a  large  Separation, 
number  of  towns  having  petitioned  the  General  Court 
for  a  separation,  a  law  was  again  passed  prescribing 
terms  substantially  as  in  the  former  act.3  This  time 
the  popular  vote  showed  a  large  majority  in  favor  of 
separation.  In  October  a  convention  met  at  Portland 
and  drew  up  a  State  constitution,  which  was  ratified 
by  town  meetings  in  December. 

The  admission  of  Maine  was  an  important  element  Admission, 
in  the  great  struggle  whose  outcome  was  the  Missouri 
Compromise.4      The   relative    growth   of  population 
in    the    free    States     and   slave    States    had,    ever 

1  See  Williamson,  II.,  662  seq. 

2  Minutes  of  William  Allen,  in  Collections  of  Maine  Historical  Soci- 
ety, 2d  Series,  II.,  129-142. 

8  Important  parts  of  the  act  are  in  the  Appendix.  The  act  is  given 
in  full  in  The  Journal  of  the  Constitutional  Convention,  3-14. 

4  On  the  struggle  over  Maine  and  Missouri,  see  MacDonald,  Select 
Documents,  219-226,  and  references  there  given. 


1 6  Government  of  Maine 

since  1790,  given  the  free  States  a  majority  in  the 
House  of  Representatives,  but  in  the  Senate  the 
balance  had  been,  on  the  whole,  preserved.1  The 
memorial  of  the  convention  at  Portland  praying  for 
the  admission  of  Maine  was  presented  to  Congress 
December  8,  1819,  and  on  January  3  a  bill  for  admis- 
sion passed  the  House.  The  addition  of  another  free 
State  would,  however,  destroy  the  balance  between 
the  sections  in  the  Senate.  The  Senate  accordingly 
added  to  the  Maine  bill,  as  an  amendment  in  the 
nature  of  a  "  rider,"  provisions  for  the  admission  of 
Missouri  without  any  restriction  regarding  slavery. 
The  House  not  only  refused  to  concur  in  the 
amendment,  but  passed  a  Missouri  bill  of  its  own 
with  a  prohibition  of  slavery,  while  the  Senate  refused 
to  recede.  The  result  was  a  deadlock.  Excitement 
both  in  Congress  and  in  the  country  ran  high.  The 
difficulty  was  settled  by  a  compromise.  The  Maine 
and  Missouri  bills  were  passed  separately,  while 
slavery,  which  was  permitted  in  Missouri,  was  pro- 
hibited in  the  rest  of  the  Louisiana  territory  north 
of  36°  30'.  On  the  third  of  March  Maine  became  a 
State  of  the  Union.2 

ii.   THE  NORTHEAST  BOUNDARY 

History.  The  northeastern  boundary  of  the  United  States, 

as  denned  by  the  treaty  of  peace  in  1783,  was  long  a 
subject  of  controversy  between  the  United  States  and 
Great  Britain.  In  1794  so  much  of  the  boundary  as 

1  Johnston,  American  Politics,  Appendices  E  and  F,  gives  tables 
.    showing  the  population  and  representation  of  the  sections. 

2  The  act  of  admission  is  in  the  Appendix.     Maine  was  the  twenty- 
third  State.     Missouri  was  not  admitted  until  1821. 


The  State  of  Maine  17 

had  to  do  with  the  St.  Croix  River  was  fixed,  but  the 
joint  claim  to  the  interior  remained  unsettled.     An 
award  by  the  king  of  the  Netherlands  in    1831  was 
rejected  by  both  parties.   "  In  1838-1839  the  territory  -Aroostook 
between  New  Brunswick  and  Maine,  claimed  by  both  war* " 
parties,  became   the   scene   of   a   small   border  war. 
Maine  raised  an  armed  posse,  erected  forts  along  the 
line  which  she  claimed  as  the  true  one,  and  the  legis- 
lature placed  $800,000  at  the  governor's  disposal  for 
the  defence  of  the  State  ;  an  act  of  Congress,  March 
3,  1839,  authorized  the  President  to  resist  any  attempt 
of  Great  Britain  to  enforce  exclusive  jurisdiction  over 
the   disputed  territory,  and  armed  conflict  was  only 
averted   by    the     mediation   of   General   Scott,  who 
arranged  a  truce   and   a  joint   occupation   by   both 
parties."  1    The  controversy  was  settled  by  the  Ash-  Treaty  of 
burton   treaty   of   1 842.2      Maine  lost  by  the  treaty  l842' 
about  5500  square  miles  of  territory  which  the  State 
had   claimed,  receiving   therefor  a  small  compensa- 
tion from  Congress. 

12.     MAINE  IN  THE  CIVIL  WAR 

Immediately  on  the  outbreak  of  the  Civil  War  the  state  action, 
legislature  was  convened  in  extra  session.  Provision 
was  made  for  raising  ten  thousand  men,  and  a  loan 
of  $1,000,000  was  authorized.  Measures  were  also 
taken  for  the  defence  of  the  State.  Early  in  1862, 
after  the  seizure  of  the  Confederate  commissioners, 
Mason  and  Slidell,  the  permission  given  to  Great 
Britain  to  send  across  the  State  some  troops  destined 

1  Johnston  in    Lalor's  Cyclopedia,  II.,  805. 

2  See   the   treaty  in   MacDonald,  Select  Documents,  335-343,  and 
references  there  given. 

c 


1 8  Government  of  Maine 

for  Canada  gave  rise  to  some  criticism  of  the  Federal 
Government.  Fear  of  rebel  refugees  in  Canada  also 
caused  uneasiness  for  a  time  on  the  northern  border, 
which  was  increased  by  an  unsuccessful  attempt  in 
July,  1864,  to  rob  a  bank  in  Calais.  In  1864  a  law 
was  passed  allowing  soldiers  in  the  field  to  vote  for 
Presidential  electors,  while  a  constitutional  amend- 
ment shortly  extended  to  soldiers  in  service,  except 
those  in  the  regular  army,  the  right  to  vote  for  gov- 
ernor and  other  State  and  local  officers.  The  total 
Men  number  of  men  furnished  by  Maine  to  the  Union 

furnished.  armies  was  about  seventy-two  thousand.  The  total 
expenditure  of  the  State  on  account  of  the  war  was 
about  $7,000,000,  while  that  of  towns  and  individ- 
uals was  over  $11,000,000.  Yet  notwithstanding 
this  great  increase  in  debt,  the  credit  of  the  State 
was  not  impaired. 

13.     THE  ELECTION  OF  1879-1880 

Party  history.  Notwithstanding  the  circumstances  of  its  admission 
to  the  Union,  Maine  was  for  the  most  part  a  Demo- 
cratic, or,  as  the  term  was  at  first  used,  a  Republican 
State  until  I853.1  In  1856  the  great  question  of 
slavery  worked  a  readjustment  of  party  lines.  Maine 
became  Republican,  and  chose  Republican  governors 
until  1878,  when  the  Democratic  candidate  was  chosen 
by  the  Democratic  and  Greenback  members  of  the 
legislature,  the  popular  vote  having  resulted  in  no 
election.  The  election  of  1879  also  went  to  tne  legis- 

1  The  gubernatorial  vote  since  1820  is  in  the  Maine  Register  for 
1901-1902,  118-123.  The  electoral  vote  was  given  for  John  Quincy 
Adams  in  1824  and  1828,  and  for  Harrison  by  a  minute  majority  in 
1840. 


The  State  of  Maine  19 

lature.  The  governor  and  council,  acting  as  a  return-  Election  of 
ing  board,  refused  certificates  of  election  to  several  l879' 
Republican  members  of  the  legislature  on  the  ground 
of  alleged  irregularities  in  the  returns,  at  the  same 
time  failing  to  give  the  usual  opportunity  for  the 
correction  of  the  irregularities.  The  effect  of  this 
action  was  to  give  the  Democrats  and  Greenbacks,  or 
Fusionists,  a  majority  in  the  legislature,  while  the 
situation  was  further  complicated  by  charges  of  bribery 
against  certain  Republicans.  There  were  rival  claim- 
ants for  the  governorship  and  rival  legislatures.  Dis- 
order and  possible  bloodshed  were  averted  by  the 
firmness  and  moderation  of  General  Joshua  L.  Cham- 
berlain, himself  a  former  governor,  who  was  tempo- 
rarily in  command  of  the  militia.  Decisions  of  the 
supreme  court  condemned  the  action  of  the  governor, 
sustained  the  Republican  claimant,  and  recognized 
the  Republican  legislature  as  the  only  legal  legis- 
lature.1 Since  1883  the  Republicans  have  carried 
the  State  by  large  majorities. 

14.     GROWTH  AND  OUTLOOK 

While  the  economic  development  of  Maine  in  recent  Resources 
years  has  been  less  rapid  than  that  of  more  favored 
States  of  the  Union,  there  have  nevertheless  been 
substantial  gains.  A  large  part  of  the  State  is  still 
covered  with  forests,  but  the  growth  of  population  is 
continually  widening  the  settled  area,  and  the  exten- 
sion of  railroads  is  making  all  sections  readily  acces- 

1  On  this  controversy,  familiarly  known  as  the  "  State  steal,"  see 
particularly  Appleton's  American  Cyclopedia,  1879,  1880,  article 
"Maine."  For  the  opinions  of  the  judges  see  ibid.,  1879,  article 
"Public  Documents." 


20  Government  of  Maine 

sible.  The  decline  of  agriculture  and  shipbuilding 
has  been  more  than  offset  by  the  development  of  the 
timber  wealth  of  the  State  and  the  growth  of  manu- 
factures, particularly  of  cotton,  around  the  water 
powers  of  the  rivers.  Opinions  differ  as  to  the  net 
value  of  the  immense  summer  business  of  Maine,  but 
there  can  be  no  question  that  the  summer  visitors, 
together  with  the  large  numbers  who  at  other  seasons 
resort  to  Maine  for  hunting  and  fishing,  bring  into 
the  State  many  millions  of  dollars  annually,  and  create 
a  demand  for  the  higher  grades  of  farm  and  dairy 
The  future,  products.  The  future  prosperity  of  Maine  depends 
upon  the  skill  and  vigor  with  which  its  natural  re- 
sources are  used,  the  wisdom  and  impartiality  with 
which  its  laws  are  made  and  enforced,  the  liberality 
with  which  it  fosters  education  and  material  well- 
being,  and  the  public  spirit  with  which  its  affairs, 
whether  State  or  local,  are  administered.1 

1  A  chronological  list  of  important  events  in  the  history  of  Maine  is 
given  in  the  Appendix. 


CHAPTER  III 

THE  ORGANIZATION  OF  THE  STATE 
15.    REFERENCES 

The  general  organization  of  State  government  is  discussed  in  most 
books  on  civil  government.  Bryce,  American  Commonwealth,  I.,  Chaps. 
36-39,  44-46;  Wilson,  The  State,  483-524;  Hinsdale,  The  American 
Government,  Part  III.;  and  Ashley,  American  Federal  State,  Chap.  I, 
are  important  general  references.  The  constitutions  of  all  the  States 
to  1876  are  collected  in  Poore,  Charters  and  Constitutions.  Many 
States  publish  the  texts  of  their  constitutions  in  pamphlet  form  for  free 
distribution. 

1 6.   THE  POWERS  OF  THE  STATE 

Every  State  which  has  come  into  the  Union  since  Conditions  of 
the  adoption  of  the  Constitution  of  1787  has  been  admission- 
admitted  with  the  general  understanding  that  its 
government  should  be  republican,  and  that  it  should 
accept  and  conform  to  the  provisions  of  the  Con- 
stitution of  the  United  States.  Many  States  have  had, 
in  addition,  certain  specific  conditions  imposed  upon 
them,  as  was  the  case  with  Missouri  in  1821.  In  the 
case  of  Maine,  however,  there  were  no  expressed  con- 
ditions, the  State  being  received  into  the  Union  "  on 
an  equal  footing  with  the  original  States  in  all  respects 
whatever."  The  terms  of  the  Massachusetts  act  of 
separation  of  course  constituted  a  limitation,  and  while 
many  of  the  provisions  of  that  act  ceased  to  be  directly 


22 


Government  of  Maine 


Republican 
form  of 
government. 


States  as 
members  of 
the  Union. 


operative  after  the  State  was  once  admitted,  others, 
such  as  the  provision  for  the  freedom  from  taxation 
of  lands  held  at  the  time  by  religious,  charitable,  and 
literary  institutions,  and  the  guarantee  of  the  powers 
and  privileges  of  Bowdoin  College,  continue  to  operate 
as  restraints  on  the  legislative  power.  The  United 
States,  though  expecting  the  State  to  maintain  a  re- 
publican form  of  government,  has  never  denned 
wherein  a  republican  form  of  government  consists, 
but  in  the  absence  of  such  a  definition  a  republican 
form  is  understood  to  be  one  in  which  "  the  people's 
representatives  make  the  laws  and  their  agents  ad- 
minister them."  The  admission  of  a  State  by  Con- 
gress is  ip  so  facto  a  decision  that  its  government  is 
republican  in  form.1 

The  privileges  and  obligations  of  a  State  as  a  mem- 
ber of  the  Union  are  set  forth  in  the  Constitution 
of  the  United  States,  or  result  from  a  fair  interpreta- 
tion of  that  instrument.  By  section  10  of  Article  I 
of  the  Constitution,  no  State  "  shall  enter  into  any 
treaty,  alliance,  or  confederation ;  grant  letters  of 
marque  and  reprisal ;  coin  money ;  emit  bills  of  credit ; 
make  anything  but  gold  and  silver  coin  a  tender  in 
payment  of  debts ;  pass  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts ; 
or  grant  any  title  of  nobility."  The  States  are  further 
forbidden  to  lay  any  imposts  or  duties  on  imports 
or  exports  without  the  consent  of  Congress,  or  lay 
tonnage  duties,  or  keep  troops  or  ships  of  war  in 
time  of  peace,  or  enter  into  any  agreement  or  compact 
with  another  State  or  with  a  foreign  power. 

On  the  other  hand,  the  United  States  guarantees 

1  See  Cooley,  General  Principles  of  Constitutional  Law,  Chap.  1 1. 


The  Organization  of  the  State  23 

to   every   State   a  republican  form  of   government,  National 
protection    against   invasion   and   domestic  violence,  guai 
privileges    and  immunities  for  its   citizens  when  in 
other  States,  the  preservation  of  the  territorial  limits 
of  the  State  from  change  without  its  consent,  equal 
representation  in  the  Senate,  and  the  continuance  of 
the  Constitution  without  change  save  by  amendments 
approved  by  three-fourths  of  the  States. 

The  constitution  of  a  State  is  the  document  which  Nature  of  the 
embodies  the  fundamental  law  of  the  State.  Unlike  constitution- 
ordinary  statute  law,  it  is  beyond  the  amending 
power  of  the  State  legislature.  The  constitution  will 
be  found  to  provide  a  way  by  which  the  people  may, 
if  they  see  fit,  change  its  provisions,  but  no  act  of 
the  legislature  or  of  any  department  of  the  State 
government  can  alter  it.  Being  the  fundamental 
law,  the  constitution  is  thus,  in  connection  with  the 
Constitution  of  the  United  States,  the  measure  of  the 
powers  of  the  State,  the  source  to  which  we  go  for  a 
definite  statement  of  the  things  which  the  State  may 
or  may  not  do. 

17.   THE  CONSTITUTION 

The  constitution  of  Maine  was  framed  by  a  con-  Formation  of 
vention  of  delegates  from  the  towns,  assembled  at 
Portland,  October  29,  1819,  and  was  subsequently 
ratified,  December  6,  by  the  people  in  town  meetings. 
The  convention  followed  a  popular  vote  in  July  on 
the  question  of  separation,  in  accordance  with  a  pro- 
vision of  the  act  of  separation,  and  the  constitution 
itself  was  framed  and  adopted  before  Maine  was 
admitted  to  the  Union,  —  a  procedure  which  has  been 
followed  by  a  number  of  other  States.  Of  the 


Government  of  Maine 


24,223  votes  legally  returned  as  a  result  of  the  July 
balloting,  17,091  were  in  favor  of  separation,  and  but 
7132  against. 

Comparison  The  constitution  of  Maine  is  not  noticeably  differ- 
^thSkms  ent>  in  eitner  form  or  contents,  from  most  of  the 
state  constitutions  which  were  put  into  effect  in  the 
first  third  of  the  nineteenth  century.  While,  as  a 
rule,  longer  and  more  elaborate  than  the  constitutions 
prior  to  1800,  they  are  still  comparatively  simple 
frames  of  government,  free  from  the  multiplicity  of 
details  which  characterizes  the  constitutions  of  the 
last  twenty-five  years,  and  dealing  with  general  funda- 
mental principles  rather  than  with  the  minute  points 
of  administration  which  are  more  properly  matters 
of  statute  law.  In  the  more  limited  powers  of  the 
governor,  the  fixed  terms  of  the  judges,  and  the  in- 
creased powers  of  the  legislature  they  show  the 
Democratic  influence  of  the  democratic  spirit  which  developed 
spirit'  rapidly  in  the  United  States  after  the  downfall  of  the 

Federalists.  An  instructive  view  of  the  problems  — 
political,  economic,  and  social  —  which  have  arisen 
in  the  history  of  Maine  may  be  had  from  a  compari- 
son of  the  State  constitution  with  the  constitution  of 
almost  any  of  the  older  States  which  have  adopted 
new  frames  of  government  since  the  Civil  War.1 

1 8.   THE  PREAMBLE  AND  DECLARATION  OF  RIGHTS 

Preamble.  The  preamble  sets  forth  in  general  terms  the  ob- 

jects for  which  the  constitution  is  framed.  "  To 
establish  justice,  insure  tranquillity,  provide  for  our 
mutual  defence,  promote  our  common  welfare,  and 

1  On  the  development  of  State  constitutions,  see  particularly  Bryce, 
American  Commonwealth,  I.,  Chap.  38. 


(    UNIVERSITY    J 

The  Organization  of  the  £tate  25 


secure  to  ourselves  and  our  posterity  the  blessings  of 
liberty,  acknowledging  with  grateful  hearts  the  good- 
ness of  the  Sovereign  Ruler  of  the  Universe  in  afford- 
ing us  an  opportunity  so  favorable  to  the  design,  and 
imploring  his  aid  and  direction  in  its  accomplish- 
ment,"—  such  are  the  spirit  and  purposes  expressed. 
The  phrases,  the  earlier  ones  evidently  suggested  by 
the  preamble  to  the  Constitution  of  the  United  States, 
have  long  since  become  common  property,  but  their 
dignified  and  reverent  spirit  fittingly  expresses  the 
high  and  serious  purpose  of  those  who  were  framing 
the  State  government,  and  the  benefits  which  they 
planned  for  those  who  should  live  under  it. 

The  declaration  of  rights,  sometimes   prefixed  as  Declaration 
a  bill  of  rights  to  State  constitutions,  forms  Article  I  of  rights" 
of  the  constitution  of  Maine.     The  original  sources 
of  the  declarations  contained  in   American  bills   of 
rights  are  partly  in  the  great  foundation  principles  of  Sources, 
political  freedom  which  our  English    ancestors    em- 
bodied  in  Magna   Charta,  the   Bill   of    Rights,   the 
Habeas  Corpus  Act,  and  other  constitutional  docu- 
ments, partly  in  the  principles  worked  out  in  America 
through  the  long  struggle  with  the  mother  country, 
and  partly  in  theories  borrowed  from  French  political 
philosophy  and  embodied  by  Jefferson  in  the  Declara- 
tion of  Independence.     The  use  of  all  these  sources 
is  evident  in  the  declaration  of  rights  in  the  Maine 
constitution. 

There  is  first  the  declaration  of  the  natural  right 
to  life,  liberty,  and  property,  and  the  assertion  that 
all  power  is  inherent  in  the  people.  Perfect  religious 
freedom  is  guaranteed.  In  the  declarations  regard- 
ing freedom  of  speech  and  of  the  press,  unreasonable 


26 


Government  of  Maine 


Early 
amend- 
ments. 


New  draft. 


searches  or  seizures,  the  rights  of  accused  persons, 
bills  of  attainder  and  ex  post  facto  laws,  keeping  and 
bearing  arms,  quartering  soldiers,  and  the  like,  the 
rights  and  immunities  claimed  are  the  familiar  ones 
observed  throughout  the  United  States.  Following, 
apparently,  the  constitution  of  Massachusetts,  the 
declaration  provides,  as  further  guarantees,  that  "  the 
laws  shall  not  be  suspended  but  by  the  legislature  or 
its  authority,"  that  "right  and  justice  shall  be  ad- 
ministered freely  and  without  sale,  completely  and 
without  denial,  promptly  and  without  delay,"  and  that 
"  no  tax  or  duty  shall  be  imposed  without  the  consent 
of  the  people  or  of  their  representatives  in  the 
legislature."  l 

19.   AMENDMENTS 

Maine  has  had  but  one  constitution,  but  the  text 
of  the  document  as  we  now  have  it  is  not  quite  the 
same  as  that  adopted  in  1819.  In  the  course  of  fifty 
years  and  more  following  the  admission  of  the  State, 
twelve  amendments  were  submitted  to  the  people 
and  adopted.2  In  1875  the  governor,  by  authority 
of  the  legislature,  appointed  a  commission  to  suggest 
further  amendments.  Of  the  changes  reported  by 
the  commission  as  advisable,  nine  were  accepted  by 
the  people  at  the  annual  election  in  September. 
The  twenty-one  amendments  thus  in  force  were  then, 
by  direction  of  the  legislature,  incorporated  by  Chief 
Justice  Appleton  in  the  text  of  the  constitution,  and 
the  amended  draft  became  "  the  supreme  law  of  the 

1  Constitution  of  Massachusetts,  Part  I.,  Arts.  XI.,  XX.,  XXIII. 

2  These  amendments  are  in  Poore,  Charters  and  Constitutions,  I., 
803  seq. 


The  Organization  of  the  State  27 

State."  The  method  was  unusual,  securing  as  it 
did  a  revised  constitution  without  a  constitutional 
convention. 

Since  the  acceptance  of  the  revision  of  1876,  nine  Later 
additional  amendments  to  the  constitution  have  been  amendmcnts- 
made.1  The  first,  in  1877,  limited  the  amount  of 
municipal  indebtedness.  In  1879  provision  was 
made  for  biennial  instead  of  annual  elections ;  the 
next  year  the  terms  of  senators  and  representatives 
were  correspondingly  changed,  and  election  of  the 
governor  by  plurality  instead  of  by  majority  vote 
was  established.  The  prohibitory  amendment  was 
adopted  in  1884,  and  an  educational  qualification  for 
voters  prescribed  in  1892.  Other  amendments  con- 
cerned the  eligibility  of  the  State  treasurer,  the 
appointment  of  the  adjutant-general,  and  the  election 
of  senators  to  fill  vacancies. 

Under  the  constitution,  amendments  passed  by  a  Method  of 
two-thirds  vote  of  both  houses  of  the  legislature  are  amendment- 
to  be  transmitted  to  the  selectmen  of  towns  or  to 
other  municipal  officers,  and  by  them  submitted  to 
the  voters  at  the  next  September  election.  If  a 
majority  of  the  votes  cast  on  the  question  are  in 
favor  of  the  amendment,  it  is  adopted.2  The  legisla- 
ture may  also,  by  a  two-thirds  concurrent  vote  of  both 
houses,  call  a  constitutional  convention,  but  this  power, 
first  granted  by  one  of  the  amendments  adopted  in 
1875,  has  never  been  exercised.3 

1  These  amendments  are  differently  numbered.     Cf.  the  text  in  the 
Revised  Statutes  and  Maine  Register. 

2  Constitution  of  Maine,  Art.  X.,  Sec.  2. 

8  Constitution  of  Maine,  Art.  IV.,  Part  III.,  Sec.  15. 


28  Government  of  Maine 

20.   THE  FORM  OF  GOVERNMENT 

Three  The  general  form  of  government  which  the  consti- 

nts*  tution  prescribes  is  substantially  the  same  as  that 
now  found  in  all  the  States  of  the  American  Union. 
There  is  the  usual  division  into  three  departments,  — 
legislative,  executive,  and  judicial ;  and  while  in  prac- 
tice the  several  departments  must  occasionally  overlap, 
their  respective  spheres  of  action  are  for  the  most 
part  distinct. 

Legislature.  The  legislature  consists  of  two  houses,  the  House 
of  Representatives  and  the  Senate.  Members  of  both 
houses  are  chosen  by  popular  vote,  but  representa- 
tives are  elected  from  towns  or  cities  according  to 
population,  while  senators  are  chosen  from  districts 
established  from  time  to  time  by  law.  The  maximum 
number  of  members  in  each  house  is  fixed  by  the 
constitution.  Many  of  the  constitutional  provisions 
defining  the  powers  of  the  legislative  department  are 
borrowed,  sometimes  in  the  same  phraseology,  from 
the  Constitution  of  the  United  States.  The  Senate 
has  the  right  of  trying  cases  of  impeachment,  thus 
exercising  a  judicial  power  which  in  this  country  has 
always  belonged  to  the  upper  house  of  the  legislature. 

Executive.  The  executive  department  is  represented  by  the 
governor  and  council,  together  with  such  other  offi- 
cials as  are  chosen  to  cooperate  with  them  or  are 
appointed  by  them  from  time  to  time  for  executive 
duties.  Upon  the  governor  devolves  the  general 
duty  of  seeing  that  the  laws  of  the  State  are  enforced 
and  the  will  of  the  people  at  these  points  carried 
out ;  but  the  administrative  system  in  this  respect 
is  not  highly  centralized,  and  the  control  of  the  gov- 


The  Organization  of  the  State  29 

ernor  over  local  executive  officials  is  either  imperfect 
or  else  does  not  exist  at  all.  The  secretary  of  state, 
treasurer,  and  attorney-general  are  the  only  other 
civil  executive  officials  especially  provided  for  by  the 
constitution,  other  offices  being  created  from  time  to 
time  by  law. 

The  judicial  power  of  the  State  is  vested  in  a  Judiciary, 
supreme  judicial  court  and  in  such  other  courts  as 
the  legislature  from  time  to  time  thinks  well  to  estab- 
lish. The  judges  of  all  the  courts,  except  probate 
judges,  are  appointed  by  the  governor,  and  all  hold 
office  for  stated  terms.  The  jurisdiction  of  the  several 
grades  of  courts  is  carefully  regulated  by  statute. 
Unlike  the  Supreme  Court  of  the  United  States,  but 
in  accordance  with  the  duty  imposed  on  the  highest 
court  in  Massachusetts,  the  justices  of  the  supreme 
judicial  court  are  "  oblige^  to  give  their  opinion  upon 
important  questions  of  law,  and  upon  solemn  occa- 
sions," when  required  so  to  do  by  either  of  the  other 
departments  of  the  State  government.1 

The  constitution  makes  no  provision  for  the  estab-  Local 
lishment  of  any  particular  form  of  local  government.  gov( 
The  existence  of  local  governments  is,  indeed,  recog- 
nized in  the  provisions  for  the  election  of  members 
of  the  House  of  Representatives,  and  elsewhere,  but 
nothing  is  said  about  the  organization  of  the  counties, 
districts,  towns,  and  plantations  into  which  the  State 
is  by  law  declared  to  be  divided.2  The  omission  is 
doubtless  due  to  the  fact  that,  when  the  constitution 
was  framed,  local  governments  had  been  for  many 
years  established  throughout  the  whole  settled  area 

1  Constitution  of  Maine,  Art.  VI.,  Sec.  3. 

2  Revised  Statutes  (1883),  Chap.  I,  Sec.  I. 


Government  of  Maine 


Town  type. 


Working  of 
departments. 


of  Maine,  and  that  it  was  assumed  that  the  system 
already  in  satisfactory  operation  would  not  be  affected 
by  the  change  from  a  district  to  a  State. 

The  important  subject  of  local  government  —  every- 
where the  least  understood  subject  in  American  his- 
tory —  will  be  discussed  somewhat  in  detail  later.  It 
will  be  sufficient  here  to  say  that  the  local  govern- 
ment of  Maine  represents  the  type,  general  still 
throughout  New  England,  in  which  the  town  is  the 
political  unit  and  performs  most  of  the  functions  of 
local  administration,  while  the  county,  with  little 
independent  life  of  its  own,  serves  as  a  useful  ad- 
ministrative division,  chiefly  for  judicial  purposes, 
between  the  government  of  the  town  and  that  of  the 
State.  This  was  the  system  worked  out  at  an  early 
period  in  Massachusetts,  and  naturally  extended  to 
Maine  as  settlements  multiplied  and  the  authority  of 
Massachusetts  increased.  The  relatively  slow  growth 
of  population  has  tended  to  preserve  the  old  form  of 
local  government  in  many  of  its  original  character- 
istics. The  larger  towns,  of  course,  tend  on  the 
whole  to  become  cities,  thus  introducing  a  new  and 
important  type  of  local  organization,  but  this  move- 
ment has  not  yet  threatened  the  town  system  as  the 
prevailing  form  of  government  in  the  State. 

The  purpose  of  such  a  scheme  of  government  as 
has  just  been  outlined  is,  of  course,  that  the  govern- 
ing power  of  the  State  may  be  suitably  exercised 
throughout  the  whole  territorial  area  subject  to  its 
jurisdiction,  and  upon  all  the  persons,  property,  and 
interests  subject  to  its  control.  The  legislature,  repre- 
senting the  whole  body  of  voters,  makes  laws  which, 
while  sometimes  local  and  sometimes  general  in  their 


The  Organization  of  the  State  31 

immediate  application,  are  intended  to  serve  the  com- 
mon good.  The  safety  and  welfare  of  the  people 
are  primarily  in  the  keeping  of  the  legislature.  The 
proper  enforcement  of  the  laws,  or  their  execution, 
as  it  is  called,  is  intrusted  to  the  executive  depart- 
ment, represented  for  the  whole  State  by  the  gov- 
ernor, for  towns  by  the  selectmen,  and  for  cities  by 
the  mayor.  In  practice,  however,  the  State  makes  a 
great  deal  of  use  of  local  officials  in  the  execution  of  Use  of  local 
its  laws,  as,  for  example,  in  the  assessment  and  col-  8 
lection  of  taxes,  the  local  government  thus  becoming 
an  assistant  to  the  central  government  as  well  as  a 
means  of  benefiting  the  community  immediately  sub- 
ject to  it.  In  the  same  way  the  judicial  department, 
whose  duty  it  is  to  interpret  the  law  in  cases  of  con- 
troversy, to  punish  those  who  disobey  the  law,  and 
to  protect  all  persons  in  the  enjoyment  of  the  rights 
guaranteed  to  them  by  the  State,  exercises  its  authority 
through  local  courts,  constables,  and  police  officers, 
as  well  as  through  the  county  and  State  courts. 

Thus  the  various  parts  of  the  government  work  The  end  of 
together.     Each  is  necessary  to  the  other.     Each  is  s°vernmenu 
affected  by  what  affects  the  other.     Each  works  with 
all  the  others  to  bring  about  that  for  which  all  pop- 
ular government,  whether  in  town,  city,  county,  State, 
or  nation,  exists,  namely,  the  welfare  of  all  the  people 
through  the  agency  of  good  laws. 


CHAPTER   IV 

THE  CENTRAL  GOVERNMENT 

21.    REFERENCES 

The  principal  authorities,  besides  the  constitution,  for  the  organiza- 
tion and  work  of  the  central  government  are  the  Revised  Statutes  and 
the  annual  or  biennial  Acts  and  Resolves,  the  latter  often  cited  as  Laws 
of  Maine.  The  Revised  Statutes  of  1883  is  supplemented,  to  1895,  by  a 
volume  usually  known  as  Freeman's  Supplement.  A  new  revision  of  the 
statutes  was  authorized  by  the  legislature  in  1901.  The  Maine  Register 
contains  much  information  about  the  State  government  not  easily  found 
elsewhere.  The  biennial  reports  of  the  executive  departments  may 
usually  be  obtained  on  application.  Important  general  references  are : 
Wilson,  The  State,  Sees.  1126-1208;  Cooley,  Constitutional  Limitations, 
Chaps.  5,  6;  Hinsdale,  American  Government,  Chaps.  51-53. 

22.   THE  THREE  DEPARTMENTS 

Three  Sections  one  and  two  of  the  third  article  of  the 

departments.  constitution  of  Maine  provide  that  "the  powers  of 
this  government  shall  be  divided  into  three  distinct 
departments,  the  legislative,  executive,  and  judicial," 
and  that  "  no  person  or  persons  belonging  to  one  of 
these  departments  shall  exercise  any  of  the  powers 
properly  belonging  to  either  of  the  others,  except 
in  the  cases  herein  expressly  directed  or  permitted." 
This  division  of  the  powers  of  government  into 
three  departments  or  groups  is  found  in  the  con- 
stitutions of  all  the  States  of  the  Union,  and  in  the 
Constitution  of  the  United  States  as  well,  and  has 
long  been  regarded  as  one  of  the  essential  char- 
acteristics of  popular  representative  government. 
Government  is  not  a  definite,  tangible  something 

32 


The  Central  Government  33 

which  can  be  seen  or  handled.  One  might  travel 
over  the  whole  State  without  finding  "the  govern- 
ment." The  government  of  a  State  is  rather  the  Nature  of 
name  applied  to  certain  powers  over  individuals  and  J 
property,  exercised  by  certain  officials  chosen  by  the 
people  and  acting  under  the  authority  of  the  consti- 
tution and  laws.  The  legislative  department,  repre- 
sented by  the  Senate  and  House  of  Representatives, 
makes  laws,  subject  to  the  restrictions  of  the  con- 
stitution. The  executive  department,  represented  by 
the  governor  and  a  large  number  of  other  officials, 
elected  or  appointed,  is  charged  with  the  duty  of 
seeing  that  the  laws  are  faithfully  applied  and 
obeyed;  while  the  judicial  department,  represented 
by  the  courts,  decides  upon  the  meaning  of  the  laws 
in  case  of  dispute,  and  the  rights  and  duties  of  indi- 
viduals under  the  laws. 

While  the  spheres  of  the  three  departments  are,  overlapping 
in  general,  distinct,  and  the  encroachment  of  one  ofdePart- 
upon  the  other  is  carefully  guarded  against,  they  do 
in  practice  occasionally  overlap.  For  example,  laws 
are  passed  by  the  legislature,  but  the  approval  of 
the  governor  is  necessary  before  they  can  go  into 
operation ; 1  so  that  the  governor  becomes  to  this 
extent  a  part  of  the  legislative  power.  The  Senate 
sits  as  a  court  of  impeachment,  thus  exercising  judi- 
cial powers,  as  do  the  governor  and  council  in  grant- 
ing pardons  to  persons  convicted  of  crimes  or 
misdemeanors.  Such  instances,  however,  form  ex- 
ceptions to  the  general  rule,  while  the  natural 
jealousy  between  departments  helps  to  keep  each 
within  its  proper  sphere. 

1  Except,  of  course,  when  a  bill  is  passed  over  the  veto. 
D 


34 


Government  of  Maine 


Departments  It  must  not  be  thought  that  the  division  into 
government.  tnree  departments  exists  in  the  State  government 
only.  The  same  principle  is  found  in  the  local 
governments,  where  the  town  meeting  or  city  council 
represents  the  legislative  department,  the  selectmen 
or  mayor  the  executive  departments,  and  the  municipal 
or  police  courts  the  judicial  department.  The  powers 
of  local  departments  are,  however,  much  restricted 
as  compared  with  those  of  the  State  departments, 
and  are  subject  to  frequent  change  at  the  will  of 
the  legislature. 

The  central  By  the  central  government  we  mean  the  State 
ent<  government,  as  represented  by  the  governor  and 
council  and  other  executive  officers,  the  legislature, 
and  the  system  of  State  courts.  The  central  govern- 
ment operates  over  the  whole  State,  serving  the 
interests  of  the  whole  people.  By  local  government 
we  mean  the  government  of  counties,  towns,  cities, 
and  plantations.  Local  government,  accordingly, 
operates  over  a  small  area  only,  and  is  in  addition 
subject  to  the  State  or  central  government.  In  study- 
ing the  organization  and  work  of  government  within 
the  State  it  is  convenient  first  to  consider  these  two 
parts  of  the  government  separately.  We  begin  with 
the  central  government. 


23.   THE   EXECUTIVE 

Governor.  The  governor  is  the  only  officer  of  the  executive 
department  of  the  central  government  who  is  elected 
by  popular  vote.  Until  1880  a  majority  of  all  the 
votes  cast  was  necessary  to  a  choice,  but  the  effect  of 
this  was  to  throw  a  number  of  elections  into  the  legis- 


The  Central  Government  35 

lature,  and  a  constitutional  amendment  in  1880  pro- 
vided for  election  by  plurality,  i.e.  the  highest  number 
of  votes  cast.  Elections  were  annual  until  1 879,  when  a 
constitutionalamendmentsubstitutedbiennialelections. 

The  qualifications,  powers,  and  duties  of  the  gov-  Quaiifica- 
ernor  are  in  the  main  laid  down  in  the  constitution.1  l  )ns' 
He  must  be,  at  the  commencement  of  his  term,  at 
least  thirty  years  old,  must  have  been  born  in  the 
United  States,  and  have  resided  in  the  State  five 
years,  and  must  further  be  a  resident  of  the  State  at 
the  time  of  his  election  and  during  his  term  of  office. 
He  may  not  hold  any  other  office  under  the  United 
States  or  the  State  while  he  is  governor.  The  com- 
pensation to  which  he  is  entitled  for  his  services  may 
be  neither  increased  nor  diminished  during  his  term. 

The  constitution  directs  that  the  governor  "  shall  Duties, 
from  time  to  time  give  the  legislature  information  of 
the  condition  of  the  State,  and  recommend  to  their 
consideration  such  measures  as  he  may  judge  expedi- 
ent." This  duty  is  performed  by  sending  to  the 
legislature  a  written  message  at  the  beginning  of 
each  biennial  session,  and  special  messages  during 
the  session  as  circumstances  may  warrant.2  The  Powers, 
governor  may  also  summon  the  legislature  in  extra 
session.3  He  is  by  virtue  of  his  office  commander- 
in-chief  of  the  military  forces  of  the  State,  though 
it  is  not  expected  that  he  will  take  the  field  in  per- 
son in  case  the  troops  are  called  out  for  active  service. 
Acts  of  the  legislature  require  his  approval  before 

1  Constitution  of  Maine,  Art.  V.,  Part  I. 

8  The  messages  will  be  found  at  the  end  of  the  biennial  volumes  of 
laws. 

8  There  were  extra  sessions  in  1840,  1842,  1853,  and  1861. 


Government  of  Maine 


Appointing 
power. 


Penalties. 


Comparison 
with  Presi- 
dent. 


they  have  the  force  of  law,  unless  they  are  passed 
over  his  veto,  and  he  is  to  "take  care  that  the  laws 
be  faithfully  executed." 

The  appointing  power  of  the  governor  is  large. 
Under  the  constitution  he  nominates  and  appoints, 
with  the  advice  and  consent  of  the  council,  all  judi- 
cial officers,  coroners,  and  notaries  public,  and  all 
other  civil  and  military  officers  whose  appointment 
is  not  otherwise  provided  for  by  the  constitution  or 
laws.  He  is  also  empowered  by  the  constitution  to 
remit  forfeitures  and  penalties  of  convicted  persons, 
and  to  grant  pardons,  reprieves,  and  commutations  in 
all  cases  except  impeachment.  The  exercise  of  the 
pardoning  power  is,  however,  somewhat  regulated  by 
law,  and  an  account  of  each  case  in  which  "  executive 
clemency,"  as  it  is  called,  is  exercised  must  be  sub- 
mitted to  the  legislature. 

It  will  be  seen  that  the  powers  of  the  governor  are 
similar  to  those  of  the  President  of  the  United  States. 
The  governor  is  the  "  chief  magistrate  "  of  the  Com- 
monwealth, the  official  representative  of  the  State  on 
public  occasions,  and  the  person  especially  authorized 
to  speak  for  it  at  home  and  abroad.  Although  he  has 
no  legal  control  over  the  legislature  save  through  his 
possession  of  the  veto  power,  he  is  to  a  large  degree 
held  responsible  for  what  is  done,  and  for  the  suc- 
cess or  failure  which  attends  the  two  years  of  his 
administration.1 


1  The  same  political  responsibility  attaches  to  the  President  of  the 
United  States. 


The  Central  Government  37 


24.   THE  COUNCIL 

Maine  is  one  of  the  few  States  that  still  retain  a  Colonial 
council  as  a  part  of  the  executive  department.  In 
colonial  times  the  council,  under  various  names,  was 
found  in  all  the  colonies,  and  not  only  acted  as  a 
body  of  advisers  to  the  governor,  but  also  shared  to 
some  extent  the  legislative  power  with  the  lower  or 
popular  house  of  the  assembly.  But  as  the  council, 
as  a  legislative  body,  developed  into  the  Senate,  few 
States  cared  to  perpetuate  it  as  an  advisory  body, 
and  Maine  and  Massachusetts  are  now  the  only  ones 
of  the  older  States  that  have  a  council  with  most  of 
its  ancient  power. 

The  council  in  Maine  is  created  by  the  constitution  Constitu- 
"to  advise  the  governor  in  the  executive  part  of 
government,"  *  a  phrase  taken  almost  verbatim  from 
the  Massachusetts  constitution  of  i/So.2  The  seven 
members,  all  of  whom  must  be  citizens  of  the  United 
States  and  residents  of  the  State,  are  chosen  bienni- 
ally by  joint  ballot  of  the  senators  and  representatives, 
not  more  than  one  councillor,  however,  being  elected 
from  any  senatorial  district.  No  member  of  Congress 
or  of  the  State  legislature,  nor  any  person  holding 
office  under  the  United  States,  except  postmasters, 
nor  under  the  State,  except  justices  of  the  peace  and 
notaries  public,  may  be  elected,  nor  may  any  coun- 
cillor be  appointed  to  any  other  office  during  the  time 
for  which  he  has  been  chosen.  Councillors  have  the 
same  immunity  from  arrest  as  is  accorded  to  senators 
and  representatives. 

1  Constitution  of  Maine,  Art.  V.,  Part  II.,  Sec.  I. 

2  Constitution  of  Massachusetts,  Part  II.,  Chap.  II.,  Sec.  III.,  Art  I. 


38  Government  of  Maine 

Powers  and  The  council  acts  as  a  general  advisory  body  to  the 
governor,  and  its  consent  is  necessary  to  most  of  his 
acts.  Thus,  all  appointments  vested  in  the  governor 
are  made  "  with  the  advice  and  consent  of  the  coun- 
cil," 1  and  pardons  and  other  remissions  of  penalties 
require  similar  consent.  The  governor  and  council 
may  also  remove  any  State  officer  on  the  address — 
that  is,  at  the  request — of  both  houses  of  the  legisla- 
ture, and  the  tenure  of  all  offices  not  otherwise  pro- 
vided for  is  during  their  pleasure.  The  warrant  of 
the  governor  and  council  is  necessary  to  authorize 
the  payment  of  any  money  from  the  State  treasury.2 
The  important  power  of  examining  the  returns  of 
elections  of  senators  and  representatives,  and  issuing 
summonses  to  such  as  appear  to  be  elected,  is  also 
committed  to  the  governor  and  council. 

journal.  In  order  that  the  action  of  the  council  may  not  be 

secret,  the  constitution  directs  that  a  journal  shall 
be  kept  of  its  proceedings,  and  signed  by  the  members 
agreeing  thereto,  and  that  the  record  may  be  called 
for  by  either  house  of  the  legislature.  Any  councillor 
is  privileged  to  enter  on  the  journal  his  dissent  from 
the  decision  of  the  majority.  For  the  more  conven- 
ient performance  of  its  duties  the  council  divides 

Committees,  itself  into  committees,  the  standing  committees  being 
those  on  warrants,  accounts,  taxation  and  expenditures, 
election  returns,  State  beneficiaries  and  pensions, 
State  prison  and  pardons,  reform  school,  insane  hos- 
pital, public  lands  and  buildings,  public  instruction, 
military  affairs,  Indian  affairs,  library,  and  pay-roll. 

1  Constitution  of  Maine,  Art.  V.,  Part  I.,  Sec.  8. 
a  Ibid.,  Art.  V.,  Part  IV.,  Sec.  4. 


The  Central  Government  39 

25.    OTHER  EXECUTIVE  OFFICERS 

Of  the  other  executive  officers  of  the  central  govern- 
ment, three  —  the  secretary  of  state,  the  treasurer, 
and  the  attorney  general  —  are  chosen  by  the  Senate 
and  House  of  Representatives  on  joint  ballot,  while 
the  remainder  are  appointed  by  the  governor  and 
council. 

The  secretary  of  state  has  fewer  independent  Secretary 
powers  and  responsibilities  than  the  treasurer  or  ofstate> 
attorney  general,  but  acts  in  the  main  as  a  sort  of 
chief  clerk  to  the  executive  and  legislative  depart- 
ments. The  records  of  the  State,  including  those  of 
the  governor,  the  council,  and  the  legislature,  are  in 
his  care,  as  is  also  the  great  seal.1  He  prepares  and 
issues  commissions  to  persons  holding  State  offices, 
causes  the  public  laws  to  be  printed  and  distributed, 
and  purchases  the  stationery  required  by  the  several 
departments.  The  preparation  and  distribution  of 
ballots  and  election  blanks  is  devolved  upon  him,  and 
the  returns  of  elections  are  transmitted  to  him.  A 
great  variety  of  other  duties,  principally  of  a  clerical 
nature,  are  further  assigned  to  the  secretary  of  state 
by  law. 

The  treasurer,  like  the  secretary  of  state,  is  chosen  Treasurer, 
biennially  by  the  Senate  and  House  of  Represen- 
tatives on  joint  ballot,  but  is  not  eligible  more  than 
six  years  in  succession.  As  custodian  of  the  money 
of  the  State,  his  position  is  one  of  great  responsibility. 
The  proceeds  of  State  taxes  are  paid  to  him,  and  all 
money  appropriated  by  the  legislature  is  paid  by  him 
on  warrants  from  the  governor  and  council.  To  pro- 

1  Constitution  of  Maine,  Art.  V.,  Part  III. 


Government  of  Maine 


Attorney 
general. 


Superin- 
tendent of 
schools. 


Insurance 
com- 
missioner. 
Bank 
examiner. 


Land  agent. 


tect  the  State,  he  is  required  to  give  a  bond,  and 
during  his  term  of  office  he  is  forbidden  to  engage  in 
trade  or  commerce,  or  act  as  agent  for  any  merchant, 
or  as  a  broker.  Detailed  accounts  are  kept  of  all 
money  received  and  paid  out,  and  a  report  made  to  the 
legislature  at  the  beginning  of  each  regular  session.1 

The  attorney  general  is  the  legal  adviser  of  the 
State,  and  is  chosen  in  the  same  way  as  are  the  secre- 
tary of  state  and  the  treasurer.2  Besides  prosecuting 
in  the  name  of  the  State  certain  classes  of  offenders 
against  the  laws,  and  representing  the  State  in  suits 
to  which  the  State  is  a  party,  he  has  general  supervi- 
sion of  the  county  attorneys  and  may  himself  take 
charge  of  important  cases. 

The  duties  of  a  number  of  the  other  officers  of  the 
executive  branch  of  the  central  government  will  be 
discussed  later,  but  a  brief  statement  of  the  duties  of 
some  of  the  more  important  may  be  given  here.  The 
superintendent  of  public  schools  has  general  super- 
vision over  the  school  system  of  the  State,  including 
academies  and  other  educational  institutions  which 
receive  financial  aid  from  the  State.  All  local  school 
officers  must  make  report  to  him  before  the  school 
money  apportioned  to  the  town  or  city  may  be  received. 
The  insurance  commissiorier  supervises  insurance 
companies  doing  business  in  the  State.  Banks,  loan 
and  building  associations,  and  loan  and  trust  com- 
panies are  subject  to  inspection  by  the  bank  exami- 
ner. The  extensive  wild  lands  of  the  State  are 
under  the  oversight  of  an  officer  known  as  the  land 
agent  and  forest  commissioner.  The  commissioner 

1  Constitution  of  Maine,  Art.  V.,  Part  IV. 

2  Ibid.,  Art.  IX.,  Sec.  11. 


The  Central  Government  41 

of  industrial   and  labor   statistics,  commonly  known 
simply  as  the  labor  commissioner,  collects  and  pub-  Com- 
lishes  statistics  and  other  information  regarding  the 
industries  of  the  State,  while  a  factory  inspector  sees  Factory 
that  factories,  workshops,  and  mines  conform  to  the 
laws  regarding  their  construction  and  arrangement, 
the  employment  of  women  and  children,  and  similar 
matters.   The  commissioner  of  agriculture,  provided  for  Commis- 
in  1901,  is  charged  with  the  furtherance  of  the  agri- 
cultural  interests  of    the   State.     All   the   executive 
officers  whose  terms  are  not  otherwise  provided  for 
by  law  hold  office  during  the  pleasure  of  the  governor 
and  council,1  but  reappointments  are  frequent. 

26.    BOARDS  AND  COMMISSIONS 

Some  of  the  most  important  duties  of  the  executive 
department  are  performed,  not  by  individual  officials, 
but  by  boards  or  commissions.    The  members  of  these 
bodies  are  appointed  by  the  governor  and  council,  and 
vacancies  are  rilled  as  they  occur,  but  an  entire  board 
rarely  retires  at  the  same  time.    All  of  the  State  insti- 
tutions—  the  insane  hospital,  reform  school,  normal  state 
schools,  etc. — are  in  charge  of  boards  of  trustees.   The 
railroad  commissioners  have  general   supervision  of  Railroad 
steam  and  electric  railroads,  including   the   duty  of  ^™s~ioners> 
approving   charters,  determining   locations,  granting 
permission  for  one  road  to  cross  another,  investigating 
accidents,  etc.     The   State  assessors   apportion  the  Assessors. 
State  tax  among  the  counties,  towns,  cities,  and  plan- 
tations, and  confer  with  local  authorities  for  the  pur- 
pose of  equalizing  the  rate  and  method  of  taxation 

1  Constitution  of  Maine,  Art.  IX.,  Sec.  6. 


42 


Government  of  Maine 


Board  of        throughout    the    State.     The    board   of    health,   in 
health.  connection    with    local    boards,    guards    the    State 

against   disease,   especially   such    as    is    contagious 
or    peculiarly    dangerous.      The    important    fishing 
and   hunting   interests   of  the    State    are    carefully 
Fisheries  and  looked   after  by  the   commissioners   of   inland   fish- 
game,  eries   and   game,   the   registration   and   licensing   of 
guides  being  one  of  the  most  recent  steps  in  this 
direction. 


27.   THE  LEGISLATURE 

TWO  houses.  The  legislature  of  Maine,  like  the  legislatures  of 
all  the  States,  consists  of  two  houses,  the  Senate  and 
the  House  of  Representatives.  In  the  adoption  and 
maintenance  of  this  bicameral,  or  two-house,  system 
the  States  have  obviously  been  a  good  deal  influenced 
by  the  Constitution  of  the  United  States,  although  of 
course  there  can  never  be  in  a  State  the  fundamental 
difference  between  the  Senate  and  House  that  exists 
in  the  national  government. 

The  organization  and  duties  of  each  house,  and  the 
qualifications  of  members,  are  prescribed  in  con- 
siderable detail  by  the  constitution.1  The  House  of 
Representatives  consists  of  one  hundred  and  fifty- 
one  members,  chosen  every  two  years  by  popular 
vote.  The  qualifications  are  simple :  the  repre- 
sentative must  be  twenty-one  years  old,  a  citizen  of 
the  United  States,  and  a  resident  of  the  State  one 
year,  and  of  the  town  or  district  three  months,  before 
the  election. 

Representatives  are  apportioned  among  the  towns, 

1  Constitution  of  Maine,  Art,  IV.,  Parts  I.-III. 


House  of 
Representa- 
tives. 


The  Central  Government  43 

cities,  and  plantations  according  to  population.     Each  Apportion- 
town  having  1500  inhabitants  is  entitled  to  one  rep-  ment* 
resentative,  each   town  of  3750  inhabitants  to   two, 
and  so  on  until  we  reach  places  of  26,250  inhabitants, 
which  may  choose  seven.     Towns  and  organized  plan- 
tations with  less  than  1 500  inhabitants  are  grouped  in 
districts  of  approximately  that  number,   care  being 
taken  not  to  divide  a  town.     In  order  to  provide  for 
changes  in  population,  a  new  apportionment  is  made 
every  ten  years. 

The  Senate  consists  of  thirty-one  members,  elected  Senate, 
at  the  same  time,  in  the  same  manner,  and  for  the 
same  term  as  representatives.  The  qualifications  of 
members  of  the  two  houses  are  the  same,  except 
that  senators  must  be  twenty-five  years  of  age. 
For  the  election  of  senators  the  State  is  divided  by 
the  legislature  into  districts  formed  by  grouping 
towns,  and  conforming  as  near  as  possible  to  county 
lines. 

It  will  thus  be  seen  that  there  is  no  essential  dif- 
ference between  the  two  branches  except  in  the  size  of 
the  district  which  the  individual  member  represents. 
Both  are  chosen  by  popular  vote  and  represent  their 
constituents  in  the  same  way. 

The  powers  and  duties  of  the  two  houses  as  stated  Powers  and 
in  the  constitution  are   largely  identical   with  those  d 
which  are  prescribed  for  Congress  by  the  Constitution 
of  the  United  States.     Each  house  is  the  judge  of 
the  elections  and  qualifications  of  its  own  members, 
chooses  its  president,  secretary,  and  other  officers,  and 
makes  its  own  rules  of  procedure.     Each  must  keep  a 
journal  and  publish  it  from  time  to  time.     Except  in 
cases  of  treason,  felony  or  breach  of  the  peace,  mem- 


44 


Government  of  Maine 


bers  are  privileged  from  arrest  during  their  attendance 
upon  or  going  to  or  from  the  session,  and  further  may 
not  be  sued  or  otherwise  legally  "  called  in  question  " 
for  anything  said  in  debate.  Each  member  is  entitled 
to  a  compensation  for  his  services,  together  with  travel- 
ling expenses  for  going  to  and  from  the  place  of  meet- 
ing once  each  session. 

Restrictions.  In  order  that  the  action  of  the  legislature  may  be 
disinterested,  the  constitution  provides  that  no  mem- 
ber of  Congress,  no  person  holding  any  office  under 
the  United  States,  except  that  of  postmaster,  and  no 
one  holding  an  office  of  profit  under  the  State,  except 
justices  of  the  peace,  notaries  public,  coroners,  and 
officers  of  the  militia,  shall  sit  in  either  house  of  the 
legislature  of  Maine ;  nor  shall  any  senator  or  repre- 
sentative be  appointed  during  his  term  to  any  office 
which  has  been  created,  or  the  emoluments  of  which 
have  been  increased,  during  that  term. 

The  various  items  of  business  on  which  the  legis- 
lature takes  action  are  in  the  first  instance  brought 
before  it  in  the  form  of  bills  or  resolutions.  A  bill  is 
a  draft  in  legal  form  of  the  proposed  law.  It  begins 
with  the  words,  "  Be  'it  enacted  by  the  Senate  and 
House  of  Representatives  in  Legislature  assembled, " 
and  follows  the  style,  phraseology,  and  formal  arrange- 
ment such  as  appear  in  the  statutes  printed  in  the 
biennial  volumes  of  laws.  By  the  constitution,  bills, 
orders,  and  resolutions,  except  bills  for  raising  rev- 
enue, may  originate  —  that  is,  be  first  presented  —  in 
either  house,  and  be  altered,  amended,  or  rejected  in 
the  other.  The  procedure  conforms  to  the  ordi- 
nary rules  of  parliamentary  law,  modified  by  such 
special  regulations  as  either  house  may  see  fit  to 


Bills  and 
resolutions. 


The  Central  Government  45 

adopt.1  A  bill  of  a  private  nature  is  introduced  by 
some  member  specially  interested  in  it,  and  is  at  once 
referred  to  a  committee.  If  favorably  reported  by  the 
committee,  it  is  printed  and  placed  on  the  calendar,  or 
printed  order  of  business.  A  bill  or  resolve  of  a  public 
nature  must  usually  be  presented  by  some  committee, 
the  bill  being  then  printed  and  distributed  to  the 
members.  The  subsequent  procedure  on  both  public 
and  private  bills  differs  somewhat  according  to  the 
nature  of  the  bill ;  in  general,  however,  every  bill 
before  being  passed  must  receive  three  readings,  at 
least  one  of  which  must  be  a  reading  of  the  text  of 
the  bill  in  full,  and  it  must  be  referred  to  some  com- 
mittee for  further  examination  and  report.  Oppor- 
tunity is  given  the  members  to  propose  amendments 
to  any  bill  or  resolve,  the  adoption  of  the  amendment 
being  determined  by  vote  of  the  house.  When  a  bill 
has  been  read  three  times  it  is  then  "passed  to  be 
engrossed,"  that  is,  printed  in  its  final  form,  and  sent 
to  the  other  house,  where  a  similar  procedure  is  gone 
through  with.  If  the  two  houses  disagree,  the  bill 
may  be  referred  to  a  committee  of  conference,  con- 
sisting of  three  members  from  each  house,  which 
undertakes  to  adjust  the  matter.  Neither  house,  of 
course,  is  obliged  to  approve  a  bill  merely  because  it 
has  been  passed  by  the  other,  and  unless  the  two 
houses  can  agree  the  bill  fails.  If  the  houses  agree, 
the  bill  is  finally  passed  "in  concurrence,"  and 
receives  the  signatures  of  the  president  of  the 
Senate  and  the  speaker  of  the  House  of  Repre- 
sentatives. 

1  The   rules   of  the   houses,   lists   of  committees,   etc.,  are  in  the 
"  legislative  edition  "  of  the  Maine  Register. 


Government  of  Maine 


Revenue 
bills. 


Amend- 
ments. 


Approval 
and  veto  of 
bills. 


Publication 
of  laws. 


Bills  for  raising  revenue  may  originate  only  in  the 
House  of  Representatives,  though  the  Senate  may 
propose  amendments  as  in  other  cases.  But  the 
Senate  may  not,  under  color  of  an  amendment, 
introduce  new  matter  which  does  not  relate  to  rais- 
ing a  revenue;  nor  in  either  house  may  a  motion  on 
a  subject  different  from  that  under  consideration,  or 
one  proposing  to  ingraft  a  general  provision  of  law 
upon  a  private  bill,  be  offered  under  guise  of  an 
amendment. 

Every  bill  or  resolution,  having  the  force  of  law, 
which  has  passed  the  Senate  and  House  of  Repre- 
sentatives is  presented  to  the  governor  for  his  con- 
sideration and  approval.  If  he  approves  of  the  bill, 
he  signs  it;  if  not,  he  returns  it  with  his  objections 
to  the  house  in  which  it  originated.  There  the 
objections  are  entered  on  the  journal  and  the  bill  is 
reconsidered.  If  both  houses  by  a  two-thirds  vote, 
which  must  be  taken  by  yeas  and  nays  and  recorded 
in  the  journal,  again  pass  the  bill,  it  is  said  to  pass 
"  over  the  veto,"  and  becomes  a  law  without  the 
governor's  signature ;  otherwise  it  fails.  If  a  bill  is 
not  returned  by  the  governor  within  five  days  (Sun- 
days excepted)  after  it  is  presented  to  him,  it  becomes 
a  law  the  same  as  if  he  had  signed  it,  while  if  the 
legislature  by  adjournment  prevent  the  return  of 
the  bill,  it  becomes  a  law  without  the  governor's 
approval  unless  returned  within  three  days  after 
their  next  meeting. 

When  a  bill  has  become  a  law,  the  engrossed  copy 
of  it  is  deposited  in  the  office  of  the  secretary  of 
state,  under  whose  direction  the  laws  are  subse- 
quently printed,  first  in  the  newspapers  and  after- 


The  Central  Government  47 

wards  in  a  bound  volume.1  The  laws  are  classified 
as  "public  laws"  and  "private  and  special  laws," 
according  to  their  nature.  From  time  to  time  the 
provisions  of  a  permanent  character  are  compiled 
under  a  topical  classification,  and  are  then  known  as 
"revised  statutes." 

Each  house  of  the  legislature  determines  its  organ-  officers, 
ization  for  itself,  though  naturally  the  organization 
of  the  two  houses  is  essentially  the  same.  The 
presiding  officer  of  the  Senate  is  called  the  president, 
and  that  of  the  House  of  Representatives  the  speaker, 
each  being  chosen  from  the  members  of  the  house. 
Other  officers  are,  for  the  Senate,  the  secretary,  for 
the  House  of  Representatives,  the  clerk,  and  for 
both  houses,  messengers,  door-keepers,  reporters, 
pages,  etc.  Most  important  business  is  now 
done  through  committees,  a  committee  being  created  Committees. 
for  each  principal  class  of  public  business.  Most 
of  the  committees  are  joint  committees,  that  is,  com- 
mittees composed  of  members  from  each  house,  but 
there  are  also  standing  committees  of  each  body. 
Each  joint  committee  consists  of  ten  members,  three 
from  the  Senate  and  seven  from  the  House  of  Repre- 
sentatives.2 The  members  are  named  by  the  presi- 

1  Only  public  laws  are  printed  in  the  newspapers. 

2  The  following  are  the  titles  of  the  joint  committees :  on  the  judi- 
ciary, legal  affairs,  financial  affairs,  federal  relations,  education,  rail- 
roads,  telegraphs   and    expresses,   commerce,   mercantile   affairs  and 
insurance,  banks  and  banking,  manufactures,  agriculture,  military  af- 
fairs, interior  waters,  State  lands  and  State  roads,  ways  and  bridges, 
inland  fisheries  and  game,  shore  fisheries,  counties,  towns,  Indian  af- 
fairs, claims,  pensions,  insane   hospital,  reform   school,  State    prison, 
public  buildings,  the  library,  University  of  Maine,  mines  and  mining, 
temperance,  labor,  taxation. 


Government  of  Maine 


Impeach- 
ment. 


Time  and 
place  of 
meeting. 


dent  or  speaker,  who  are  thus  able  to  exercise  a 
great  deal  of  influence  on  the  course  of  legislation. 
On  bills  of  special  importance  or  unusual  public 
interest  committees  often  give  public  hearings,  at 
which  persons  interested  in  the  proposed  measures 
may  appear  and  speak  for  or  against  them. 

The  judicial  power  of  impeachment  is  vested  in 
the  legislature.  Impeachment  is  a  legal  proceeding 
against  an  official  who  is  charged  with  political  mis- 
conduct, but  whose  violation  of  the  laws  of  the  State 
is  either  not  clear,  or  else  not  such  as  of  itself  to 
cause  his  removal  from  office.  In  a  case  of  impeach- 
ment, charges  are  preferred  by  the  -House  of  Repre- 
sentatives and  tried  by  the  Senate.  Punishment, 
however,  may  not  extend  further  than  to  removal 
from  office,  and  disqualification  for  any  office  of 
honor,  trust,  or  profit  under  the  State,  but  the  accused 
person,  whether  convicted  or  acquitted,  is  liable  to 
trial  and  punishment  according  to  law.  There  has 
been  no  case  of  impeachment  in  Maine.  The  fre- 
quent elections,  together  with  the  power  of  the  gov- 
ernor and  council  to  remove  any  person  from  office 
on  the  address  of  both  houses  of  the  legislature,  have 
made  the  slow  and  uncertain  process  of  impeachment 
unnecessary.  Woodbury  Davis,  a  justice  of  the  su- 
preme court,  was  removed  from  office  by  address 
in  1856  for  refusal  to  recognize  the  authority  of  a 
sheriff  who  claimed  to  be  legally  elected,  but  the 
proceeding  had  a  partisan  character,  and  Judge 
Davis  was  shortly  afterwards  reappointed. 

The  legislature  of  Maine  met  in  Portland  until 
1831,  since  which  time  it  has  met  at  Augusta.  Ses- 
sions were  annual  until  1881,  when  they  became  bi- 


The  Central  Government  49 

ennial,  the  sessions  thus  falling  in  the  odd-numbered 
years.  The  time  of  meeting  is  the  first  Wednesday 
in  January.  The  length  of  the  session  is  unlimited, 
the  average  for  recent  years  being  about  ten  weeks. 
The  longest  session  was  that  of  1850,  which  continued 
for  one  hundred  and  fourteen  days.1 

28.   THE  JUDICIARY 

While  the  three  departments  of  the  central  govern-  importance 
ment  —  legislative,  executive,  and  judicial  —  are  as-  P^f 
sumed  to  be  not  only  independent,  but  coordinate  as 
well,  a  peculiar  importance  attaches  to  the  judicial 
department.  It  is  to  this  department  that  we  look 
for  a  definition  of  our  rights  and  duties,  and  for  pro- 
tection against  injury  or  oppression  from  others  or 
from  the  government  itself.  The  relation  between 
the  judicial  department  of  the  State  and  the  affairs 
of  the  town  or  city,  while  not  in  fact  closer  than  that 
which  exists  in  the  executive  and  legislative  depart- 
ments, is  sometimes  more  obvious,  while  we  some- 
times attribute  to  the  courts  a  degree  of  learning, 
judgment,  and  honesty  greater  than  that  accorded  to 
the  other  departments.  All  that  will  be  given  here 
is  an  account  of  the  organization  of  the  central 
judicial  system,  the  organization  of  local  courts  and 
the  general  principles  of  legal  procedure  being  re- 
served for  later  chapters. 

At  the  head  of  the  judiciary  is  the  supreme  judicial  supreme 
court,  consisting  of  a  chief  justice  and  seven  associate 
justices.2    The  members  of  the  court  are  appointed 

1  Maine  Register,  1901-1902,  ill. 

2  Constitution  of  Maine,  Art.  VI.,  relates  to  the  judiciary. 

£ 


5O  Government  of  Maine 

by  the  governor  and  council,  and  hold  office  for  seven 
years.1  No  member  of  the  court  may  hold  any  other 
office  under  the  United  States  or  any  State,  nor  any 
State  office  in  Maine  except  that  of  justice  of  the 
peace.  Justices  are  entitled  to  a  compensation, 
which  may  not  be  diminished  during  their  term,  but 
are  forbidden  to  receive  any  other  fee  or  reward; 
they  are  exempted  from  military  service ;  and  they 
may  be  removed  only  by  impeachment  or  on  the  ad- 
dress of  both  houses  of  the  legislature.  Attached  to 

Reporter.  the  supreme  court  is  a  reporter  of  decisions,  who  is 
required  to  take  accurate  reports  of  cases  argued  and 
decided  before  the  court,  and  to  publish  them  in  vol- 
umes from  time  to  time. 

Law  court.  As  a  "  law  court "  —  that  is,  a  court  for  the  con- 
sideration of  questions  of  law  rather  than  for  the  trial 
of  ordinary  questions  of  fact  —  the  supreme  judicial 
court  holds  three  sessions  annually,  —  at  Augusta  on 
the  second  Tuesday  of  December,  at  Bangor  on  the 
first  Tuesday  of  June,  and  at  Portland  on  the  fourth 
Tuesday  of  June.  Meetings  of  all  the  justices  are 
also  held  annually  at  Augusta  and  Portland  for  the 
decision  of  all  undecided  questions  of  law  and  equity 
previously  submitted.2 

Trial  terms.  The  justices  of  the  supreme  judicial  court  also  hold 
court  in  the  several  counties  of  the  State  two  or  three 
times  a  year  for  the  trial  of  such  cases,  civil  or  crimi- 
nal, as  by  law  either  come  before  the  court  in  the  first 
instance  or  are  appealed  to  it  from  lower  courts. 
These  sessions  are  known  as  trial  or  nisiprius  terms. 

cierk.  In  each  county  there   is   a  clerk   of   the   supreme 

1  Constitution  of  Maine,  Art.  V.,  Part  I.,  Sec.  8. 

2  Public  Laws,  1901,  Chap.  246. 


The  Central  Government  51 

judicial  court,  who  keeps  the  records  and  papers  of 

the  court,  and  a  county  attorney,  who  represents  the  County 

State  and  conducts  the  cases  to  which  the  State  is  a  attorney- 

party.     County  clerks  and  attorneys  are  elected  by 

the  people  of  the  county,  the  former  for  four  and  the 

latter  for  two  years. 

In  the  counties  of  Cumberland  and  Kennebec,  Superior 
where  the  amount  of  legal  business  is  considerable, 
there  are  additional  courts,  known  as  superior  courts, 
with  both  civil  and  criminal  jurisdiction.  The  crimi- 
nal jurisdiction  of  these  courts  is  exclusive,  the  trial 
terms  of  the  supreme  judicial  court  in  those  coun- 
ties being  for  civil  business  only.  The  judges  are 
appointed  by  the  governor  and  council  for  seven  years. 

There  is  also  in  each  county  a  court  of  probate  and  Probate 
insolvency,  dealing  with  the  administration  and  settle-  court* 
ment  of  estates  of  deceased  persons  and  bankrupts, 
and  having  certain  care  over  orphan  children.     The 
register  of   probate  keeps  a  record  of  the  business  Register  of 
which  comes   under  the  jurisdiction   of   the   court.  Probate- 
These  officers  are  elected  for  four  years  by  the  people 
of  the  county. 

Subordinate  to  the  foregoing  courts  are  the  justices  Justice  of  the 
of  the  peace,  justices  of  the  peace  and  quorum,  trial 
justices,  and  notaries  public,  all  appointed  by  the 
governor  and  council  for  seven  years.  The  justice 
of  the  peace  and  quorum :  may  perform  a  variety  of 
duties,  such  as  calling  meetings  of  corporations,  ad- 
ministering oaths,  taking  depositions,  and  solemnizing  Trial  justice. 

1  There  is  no  longer  any  practical  distinction  between  a  justice 
of  the  peace  and  a  justice  of  the  peace  and  quorum.  Commissions 
issue  under  the  latter  title,  although  both  titles  are  recognized  by 
statute. 


52  Government  of  Maine 

Notaries        marriages.     Trial  justices  have  in  addition  jurisdiction 
public.  Q£   c-vjj   sujts  where  the  value  in   controversy  does 

not  exceed  twenty  dollars.  Trial  justices  have 
power  only  in  their  county ;  justices  of  the  peace 
and  quorum  may  exercise  their  authority  in  any 
county.  Notaries  public  may  administer  oaths  and 
attach  their  certificate  to  a  great  variety  of  legal 
documents,  besides  doing,  in  general,  anything  that 
justices  of  the  peace  and  quorum  may  do. 


CHAPTER  V 
LOCAL  GOVERNMENT 

29.  REFERENCES 

For  the  details  of  local  government  in  Maine  the  Revised  Statutes 
(1883),  Freeman's  Supplement,  and  the  biennial  session  laws  are  the 
most  important  sources  of  information.  The  more  important  towns 
now  print  their  annual  reports,  and  some  print  their  by-laws.  Cities 
usually  print  their  charter  and  ordinances  together  in  a  volume,  as  well 
as  their  principal  official  reports.  On  local  government  in  the  colonies 
the  standard  authority  is  Howard's  Local  Constitutional  History  of  the 
United  States,  Vol.  I.  The  discussions  in  Bryce,  American  Common- 
wealth, I.,  Chaps.  48  and  49,  Wilson,  The  State,  995-1045,  and  Fiske, 
Civil  Government,  Chaps.  2,  3,  and  5,  are  valuable. 

30.  THE  TOWN 

The  constitution  of    Maine,  as   has   already  been  Beginnings 
pointed  out,  makes  no  provision  for   any  particular  oflocal 

*  .  .    government. 

form  of  local  government,  but  assumes,  in  some  of 
its  provisions,  the  existence  of  local  government  in 
the  region  to  which  the  constitution  applies.  During 
the  early  years  of  Maine  the  local  government  was 
far  more  important  than  the  central  government. 
Each  settlement  had  its  own  independent  form  of 
organization  and  administration,  and  governed  itself 
in  all  essential  respects.  As  the  control  of  Mas- 
sachusetts spread  over  the  province  and  district,  the 
settlements  were  gradually  incorporated  as  towns  by 
the  General  Court,  with  a  form  of  government  such 
as  prevailed  in  Massachusetts  and  elsewhere  in  New 

53 


54 


Government  of  Maine 


Town 
system. 


Incorpora- 
tion. 


Boundaries. 


England.  By  the  time  that  Maine  was  admitted  as 
a  State,  two  hundred  and  thirty-six  towns  had  been 
incorporated,1  while  incorporations  since  1820  have 
increased  the  number  of  towns  to  about  four  hundred 
and  twenty-five. 

In  Maine,  as  in  the  other  New  England  States 
where  the  town  system  prevails,  the  town  absorbs 
most  of  the  functions  of  local  government.2  Other 
forms  of  local  government  are  either  rudimentary 
towns,  like  the  plantation,  or  outgrowths  from  towns, 
like  cities,  or,  like  counties,  useful  administrative 
divisions  between  the  town  and  the  State.  In  the 
statutes,  the  word  town  includes  cities  and  plan- 
tations unless  the  contrary  is  expressed  or  implied,3 
and  the  term  municipal  officer  includes  not  only  the 
selectmen  of  towns,  but  also  the  mayor  and  aldermen 
of  cities  and  the  assessors  of  plantations.4 

The  inhabitants  of  each  town  are  a  body  corporate, 
capable  of  suing  and  being  sued,  and  with  the  right 
of  appointing  attorneys  and  agents.6  The  act  of 
incorporation  by  the  legislature  defines  the  boun- 
daries of  the  town,  and  the  boundaries  may  be  subse- 
quently changed  by  the  legislature  with  or  without 
the  consent  of  the  town.  The  municipal  officers  are 
required  to  perambulate  the  boundaries  once  in  five 
years,  save  in  cases  where  the  lines  have  been  marked 
with  suitable  stone  monuments,  when  perambulation 
is  required  only  once  in  ten  years.6  Disputes  between 

1  Williamson,  Maine,  gives  the  dates  and  circumstances  of  incor- 
porations.    Some  facts  are  also  given  in  the  Maine  Register. 

2  On  the  "  village  corporation,"  see  Section  78,  post. 

8  Revised  Statutes  (1883),  Chap.  I,  Sec.  6,  Par.  XVII. 

4  Ibid.,  Chap,  i,  Sec.  6,  Par.  XXIII.  6  Ibid.,  Chap.  3,  Sec.  I. 

6  Ibid.,  Chap.  3,  Sees.  65,  66. 


Local  Government  55 

towns  regarding  their  boundaries  are  settled  by  the 
courts.  As  the  town  owes  its  status  as  a  body  cor- 
porate to  an  act  of  the  legislature,  so  also  it  may  sur- 
render its  charter  of  incorporation  and  cease  to  be  a 
town. 

The  governing  body  of  the  town  is  the  town  meet-  Town 
ing,  in  which  every  inhabitant  qualified  to  vote  for  n  tmg* 
governor,  senators,  and  representatives  is  entitled  to 
participate.  Subject  to  the  laws  of  the  State,  the 
town  meeting  chooses  all  the  elective  officers  of  the 
town,  raises  and  appropriates  money  for  all  town 
charges,  and  makes  regulations  for  the  conduct  of  all 
town  business.  The  town  is  thus  an  example  of  pure 
democracy  or  popular  government.  The  regular 
town  meeting  is  held  in  March,  at  which  time  officers 
are  chosen  and  the  annual  business  of  the  town  trans- 
acted ;  but  special  meetings  may  be  called  from  time 
to  time  as  occasion  requires.1  The  call  for  the  meet- 
ing is  in  the  form  of  a  warrant  drawn  up  by  the  Warrant, 
selectmen  and  posted  by  a  constable  in  some  public 
place  in  the  town.  The  warrant  specifies  in  sepa- 
rate articles  the  various  items  of  business  to  be  per- 
formed, and  only  such  matters  as  are  stated  in  the 
warrant  can  legally  be  considered  and  acted  on  by 
the  meeting.2  The  warrant  must  be  posted  at  least 
seven  days  before  the  date  of  the  meeting. 

The  conduct  of  a  town  meeting  conforms  in  gen-  Conduct 
eral  to  the  familiar  rules  of  parliamentary  law.     The 
meeting  is  called  to  order  by  the  town  clerk,  who 

1  The  selectmen  are  to  call  a  special  town  meeting  on  the  request 
of  ten  or  more  legal  voters,  and  on  the  request  of  the  same  number  are 
to  insert  an  article  in  the  warrant. 

2  Revised  Statutes  (1883),  Chap.  3,  Sec.  5. 


56  Government  of  Maine 

reads  the  warrant.  Next  in  order  is  the  choice  of  a 
moderator,  the  town  clerk  presiding  and  administer- 
ing an  oath  to  the  person  chosen.  A  town  clerk  for 
the  ensuing  year  is  then  chosen,  and  sworn  before  the 
moderator  or  a  justice  of  the  peace.  The  meeting 
being  thus  organized,  the  remaining  articles  of  the 
warrant  are  taken  up  one  by  one,  the  election  by 
ballot  of  the  town  officers  being  the  first  business  in 
order.  The  moderator  presides  throughout  the  meet- 
ing, and  is  empowered  by  law  to  preserve  order. 
The  proceedings  of  the  meeting,  including  the  results 
of  all  votes  taken,  are  recorded  by  the  clerk. 
Selectmen.  The  chief  executive  officers  of  the  town  are  the 
selectmen,  usually  three  in  number,  chosen  by  ballot 
at  the  annual  town  meeting.  In  addition  to  the  gen- 
eral oversight  of  the  affairs  of  the  town,  a  great 
variety  of  other  duties  are  devolved  upon  them.  They 
supervise  the  expenditure  of  money  voted  by  the 
town  for  particular  or  general  purposes,  and  have 
charge  of  the  buildings  and  other  property  of  the 
town.  If  the  town  does  not  elect  assessors  of  taxes 
and  overseers  of  the  poor,  the  selectmen  may  per- 
form the  duties  of  those  officers,  and  they  commonly 
appoint  a  number  of  minor  officers.  They  prepare 
a  list  of  registered  voters  and  act  as  supervisors  of 
elections.  They  license  auctioneers,  victualers,  itin- 
erant vendors,  etc.,  provide  armories  for  militia  com- 
panies, lay  out  or  locate  ways  and  bridges,  and  grant 
the  use  of  the  town  ways  to  railroad,  telegraph,  tele- 
phone, and  lighting  companies.  In  general,  any  duties 
not  by  law  devolved  upon  some  other  officer  of  the 
town  may  be  performed  by  the  selectmen.  A  de- 
tailed report  of  all  their  financial  transactions  must 


Local  Government  57 

be  submitted,  in  writing  or  in  print,  to  the  annual 
town  meeting. 

The  town  clerk  is  the  recording   and   registering  Town  clerk, 
officer  of  the  town.     In  addition  to  his  duties  in  con- 
nection with  the  town  meetings,  he   issues    licenses 
and  permits,  and  keeps  a  record  of  marriages,  births, 
and  deaths. 

The  valuation  of  the  real  and  personal  property  of  Assessors. 
the  town,  and  the  assessment  upon  individuals  and 
corporations  of  their  proportion  of  the  annual  tax,  is 
entrusted  to  a  board  of  assessors,  who  are  further  re- 
quired to  make  various  statistical  returns  to  the  State. 
When  the  assessment  is  completed,  the  list  is  com- 
mitted to  the  collector,  whose  duty  it  is  to  collect  Collector. 
the  tax.     The  treasurer  receives  all  the  money  col-  Treasurer, 
lected  by  the  town,  whether  from  taxation  or  from  other 
sources,  and  pays  it  out  on  orders  from  the  selectmen. 

For  the  care  and  maintenance  of  roads  and  bridges  Roads, 
the  town  may  elect  a  road  commissioner,  to  hold 
office  for  one  year  and  to  have  entire  charge  of  the 
repairs  of  highways  and  bridges.1  Towns  are  usually 
divided  into  a  number  of  road  districts,  each  in  charge 
of  a  road  overseer  under  whose  direction  repairs, 
especially  such  as  need  immediate  attention,  are 
made.  Sixty-five  per  cent,  of  the  highway  taxes 
assessed  must  be  expended  on  the  roads  before  July 
1 5  in  each  year,  the  balance  being  used  at  the  discre- 
tion of  the  commissioner.  If  the  town  fails  to  elect 
a  road  commissioner,  the  money  raised  for  ways 
and  bridges  is  expended  under  the  direction  of  the 
selectmen.2 

1  Public  Laws,  1899,  Chap.  32,  Sec.  3. 

2  Ibid.,  Chap.  32,  Sec.  5. 


Government  of  Maine 


Schools. 


Minor 
officers. 


Powers  of 
the  town. 


The  schools  of  the  town  are  under  the  immediate 
control  of  a  superintending  school  committee,  who 
are  elected  by  the  town,  and  through  whom  the 
money  available  for  the  support  of  schools  is  ex- 
pended. The  powers  and  duties  of  the  committee 
will  be  explained  in  a  later  chapter. 

Besides  the  foregoing  principal  officers  of  the  town, 
a  considerable  number  of  other  officers  are  chosen  at 
the  annual  town  meeting.  Among  these  are  con- 
stables,1 police  officers,  auditor,  town  agent,  fire 
wards,  fence  viewers,  surveyors  of  logs  and  lumber, 
measurers  of  wood,  bark,  and  coal,  surveyors  of 
shingles,  clapboards,  staves,  and  hoops,  viewers  and 
cullers  of  staves  and  hoops,  and  sealers  of  leather.2 
Others,  such  as  inspectors  of  flour,  milk,  fish,  and 
petroleum,  are  appointed  by  the  selectmen.  The 
duties  of  all  these  officers,  together  with  those  of  the 
overseers  of  the  poor  and  board  of  health,  are  suffi- 
ciently indicated  by  their  titles.  The  selectmen  are 
often  themselves  overseers  of  the  poor. 

The  powers  of  the  town  are  now  minutely  regulated 
by  statute,  most  of  the  regulation,  however,  taking 
the  form  of  general  laws  rather  than  of  special  laws 
for  particular  places.  In  general,  of  course,  the 
powers  of  a  town  are  commensurate  with  the  duties 
or  obligations  laid  upon  it ;  for  example,  it  may  raise 
money  by  taxation  to  meet  the  cost  of  doing  anything 
which  the  law  requires  it  to  do.  As  a  municipal 
corporation  it  may  receive  gifts  or  bequests  in  trust 
for  benevolent,  educational,  or  religious  purposes, 

1  On  the  powers  of  constables,  see  Public  Laws,  1901,  Chap.  238. 

2  Towns  are  still  nominally  required  by  law  to  elect   tythingmen 
(Freeman's  Supplement,  Chap.  3,  Sec.  12). 


Local  Government  59 

take  private  land  for  public  parks  or  squares,  estab- 
lish a  public  library,  erect  soldiers'  monuments,  and 
cause  its  history  to  be  written  and  published.1  But 
no  selectman  may  vote  on  any  question  in  which  he 
has  either  a  direct  or  indirect  pecuniary  interest,  and 
in  which  his  vote  may  be  decisive. 

For  the  better  regulation  of  local  affairs  in  cer- 
tain respects,  towns  are  permitted  to  make  laws  for  By-laws, 
themselves,  known  as  by-laws  or  ordinances,  but  as 
the  town  owes  its  existence  and  its  privileges  to  the 
State,  the  right  of  local  legislation  is  strictly  guarded. 
Among  the  subjects  on  which  by-laws  may  be  made 
are  the  ordinary  matters  of  law  and  order  in  the  com- 
munity, and  the  general  regulation  of  social  inter- 
course ;  infectious  diseases  and  health ;  the  location 
of  sidewalks,  curbstones,  monuments,  trees,  hydrants, 
etc. ;  the  erection  of  wooden  buildings ;  the  regulation 
of  public  vehicles,  including  the  rates  of  fare ;  and 
the  designation  of  streets  on  which  coasting  and 
bicycle-riding  shall  be  allowed.2  By-laws  must  be 
adopted  by  the  town  in  town  meeting,  and  if  they  relate 
to  the  "prudential  affairs  "  of  the  town,  —  that  is,  to 
the  general  welfare  or  protection  of  the  community,  — 
must  further  receive  the  approval  of  the  county  com- 
missioners or  of  a  judge  of  the  supreme  judicial  court. 

31.   THE   PLANTATION 

In  the  early  history  of  the  American  colonies  the 
term  plantation  was  often  used  as  synonymous  with 
settlement  or  colony.8  Now,  however,  the  use  of  the 

1  Revised  Statutes  (1883),  Chap.  3,  Sec.  47. 

2  See  Public  Laws,  1897,  Chap.  188;   ibid.,  iSgg,  Chap.  118. 

8  See,  for  example,  the  first  charter  of  Virginia,  Sec.  I.  (MacDonald, 
Select  Charters,  2,  and  Poore,  Charters  and  Constitutions,  II.,  1888). 


6o 


Government  of  Maine 


Organiza- 
tion. 


Officers. 


word  to  denote  any  kind  of  political  subdivision  seems 
to  have  passed  entirely  out  of  use,  with  the  single 
exception  of  Maine,  where  the  organized  plantation 
forms  an  important  element  in  the  system  of  local 
government. 

The  plantation  may  be  described  as  a  rudimentary 
town.  Once  in  five  years  the  county  commissioners 
return  to  the  secretary  of  state  a  list  of  all  the  un- 
incorporated townships  in  the  county  containing  at 
least  two  hundred  inhabitants.  They  then  issue  a 
warrant  to  one  of  the  principal  inhabitants  of  each 
such  township,  commanding  him  to  notify  the  inhabi- 
tants qualified  to  vote  for  governor  to  assemble  on  a 
day  and  at  a  place  named  in  the  warrant,  and  choose 
a  moderator,  clerk,  three  assessors,  treasurer,  collector 
of  taxes,  constable,  superintending  school  committee, 
and  other  necessary  officers.  A  record  of  the  proceed- 
ings, together  with  a  description  of  the  boundaries  of 
the  plantation,  is  transmitted  by  the  clerk  to  the  sec- 
retary of  state,  and  the  organization  is  complete. 

The  assessors  of  plantations,  in  addition  to  mak- 
ing an  inventory  of  the  polls  and  a  valuation  of 
the  property,  perform  also  the  duties  which  in  towns 
belong  to  selectmen.  With  this  exception,  the  powers 
and  duties  of  the  plantation  are  almost  identical  with 
those  of  the  town,  and  the  laws  relating  to  towns 
apply  also,  so  far  as  possible,  to  plantations.  The 
annual  meeting  is  held  in  March,  but  fewer  minor 
officers  are  chosen  than  is  the  case  with  towns. 
Plantations,  like  towns,  may  raise  money  for  schools, 
for  the  support  of  the  poor,  and  for  other  legal 
expenses,  and  their  proportion  of  the  State  and 
county  taxes  is  assessed  upon  them. 


Local  Government  61 

Where  an  unincorporated  township  contains  less 
than  two  hundred  inhabitants,  it  may  nevertheless  be 
organized  as  a  plantation  on  the  application  of  three 
or  more  of  the  inhabitants  who  are  voters.  Planta- 
tions so  organized,  however,  are  not  required  to  pay 
State  or  county  taxes  except  by  special  order  of  the 
legislature.  The  county  commissioners  may  also, 
when  any  State  or  county  tax  is  levied  on  an  unin- 
corporated township,  cause  it  to  be  organized  as  a 
plantation  even  though  its  population  be  less  than 
two  hundred. 

Organized  plantations  may  not  comprise  more  than 
one  township,  and  former  organizations,  if  any,  cease 
on  the  establishment  of  the  new  one.  The  incorpora- 
tion of  the  plantation  may  also  be  surrendered  as  in 
the  case  of  towns.  There  are  now  about  seventy- 
five  organized  plantations  in  Maine,  more  than  half 
of  them  being  in  Aroostook  and  Washington  counties. 

32.   UNINCORPORATED  PLACES 

Besides  the  town  and  organized  plantation,  there  Townships, 
are  in  Maine  a  large  number  of  places  which,  while 
having  fixed  territorial  limits,  have  no  political  organi- 
zation. Most  of  these  are  known  as  townships,  but  a 
number  are  still  designated  as  plantations,  while  the 
terms  grant  and  surplus  are  also  used.  A  few  islands 
along  the  coast  belong  to  this  class.  Unincorporated 
places  usually  comprise  wild  land  with  few  or  no 
permanent  inhabitants,  but  their  boundaries  have 
been  surveyed,  and  entire  districts  are  often  owned 
by  individuals  or  corporations.  Wild  lands  are 
valued  by  the  board  of  State  assessors  and  are  subject 


62  Government  of  Maine 

to  State  and  county  taxes.  In  such  matters  as  the 
laying  out  and  maintenance  of  roads  the  county  com- 
missioners have  supervision.  Inhabitants  of  unincor- 
porated places  who  pay  taxes  may  vote,  and  children 
may  attend  school,  in  adjacent  towns  or  plantations. 
By  the  census  of  1900,  there  were  in  Maine  348 
unorganized  townships  and  12  unorganized  planta- 
tions, besides  1 1  districts  known  as  "  grants,"  3 
known  as  "surpluses,"  3  "gores,"  and  I  "tract."1 

33.    CITIES 

Character  of  Maine  is  preeminently  a  State  of  towns  rather  than 
of  cities,  and  the  cities  themselves  are  distinctly  out- 
growths of  towns.  There  being  no  law,  as  there  is 
in  many  States,  either  requiring  a  certain  minimum 
population  before  incorporation  as  a  city  can  take 
place,  or  erecting  a  town  into  a  city  whenever  it  has 
attained  a  prescribed  population,  cities  have  been 
formed  whenever  the  people  of  the  town  desired  it 
and  the  consent  of  the  legislature  could  be  obtained. 
The  cities  of  Maine  are  in  fact  larger  than  most  of 
the  towns  of  the  State,2  but  there  is  no  legal  connec- 
tion between  population  and  incorporation.  In  the 
counties  of  Aroostook,  Franklin,  Lincoln,  Oxford, 
Piscataquis,  and  Somerset  there  are  as  yet  no  cities. 

Charter.  The  act  of  the  legislature  incorporating  a  city  is 

called  its  charter.3  The  charter  is  usually  drawn  up 

1  See  the  list  in  the  Twelfth  Census  of  the  United  States  (1900),  I., 
188-195. 

2  But  the  town  of  Brunswick  is  larger  than  nearly  half  of  the  cities 
of  the  State,  and  the  town  of  Eden,  in  Hancock  County,  is  larger  than 
the  city  of  Ellsworth. 

8  In  the  printed  volumes  of  statutes,  city  charters  are  included  in 
the  Private  and  Special  Laws. 


Local  Government  63 

by  a  committee  of  the  inhabitants  of  the  town  and 
presented  on  behalf  of  the  town  to  the  legislature, 
the  consent  of  the  town  to  the  change  in  its  form  of 
government  having  been  previously  given  in  a  town 
meeting.  The  charter  defines  the  boundaries  of  the 
proposed  city,  outlines  its  form  of  government,  and 
provides  for  putting  the  new  government  into  opera- 
tion. The  charter  takes  the  usual  course  of  a  bill, 
and  may  be  amended  in  any  way  that  the  legisla- 
ture thinks  best ;  but  since  the  laws  of  the  State  pre- 
scribe no  form  of  charter  and  make  no  requirement 
as  to  what  the  charter  shall  contain,  legislative  amend- 
ments are  as  a  rule  limited  to  minor  points.  When 
the  charter  has  passed  the  legislature,  it  is  submitted 
to  the  people  of  the  town  for  acceptance  or  rejection, 
and  if  accepted  by  popular  vote,  the  new  government 
is  put  into  operation. 

When  a  town  is  incorporated  it  is  admitted  by  a  Law  of  cities, 
legislative  act  to  a  particular  set  of  privileges,  and 
assumes  certain  specific  duties,  all  of  which  it  shares 
with  all  the  other  towns  of  the  State.  The  large 
body  of  statutes  relating  to  towns  applies,  save  in  a  few 
minor  particulars,  to  all  towns  equally,  thus  bringing 
them  to  essential  uniformity  in  their  organization  and 
methods.  With  the  city,  on  the  other  hand,  the  case 
is  quite  different.  The  particular  form  of  govern- 
ment and  method  of  administration  of  the  city  is  laid 
down  in  its  charter,  and  since  the  law  of  the  State 
makes  no  special  requirements  as  to  what  a  city  shall 
be  like,  the  provisions  of  no  two  city  charters  are  quite 
the  same.  The  charter,  therefore,  stands  as  a  sort  of 
constitution  or  fundamental  law  for  the  city,  differing 
from  the  constitution  of  the  State,  of  course,  in  that 


64  Government  of  Maine 

the  legislature  may  change  it  or  take  it  away,1  but 
serving,  while  it  lasts,  as  the  main  statement  of  what 
the  city  is  to  be  and  do. 

Representa-  Between  the  government  of  a  city  and  that  of  a 
men?OVeri  town  there  is  always  one  fundamental  difference. 
City  government  is  representative  government,  while 
town  government  is  popular  government.  The  gov- 
erning body  of  the  town  is  the  town  meeting,  an  as- 
sembly in  which  every  voter  has  a  personal  voice  and 
share.  The  governing  body  of  the  city  is  the  aldermen 
or  council  and  the  mayor,  who  are  elected  by  the  people 
for  the  purpose  of  administering  the  city's  affairs.  If 
public  business  goes  wrong  in  the  town  the  people  have 
only  themselves  to  blame,  since  they  are  the  legislators 
and  the  governing  power ;  while  if  public  business  goes 
wrong  in  the  city  the  fault  is  immediately  with  the 
elected  representatives  of  the  people,  and  only  sec- 
ondarily with  the  people  themselves.  Or,  to  put  the 
difference  in  another  way,  selectmen  do  only  what  the 
people  of  the  town  decide  to  have  done,  having  little 
discretionary  power  themselves,  while  the  mayor, 
aldermen,  and  councilmen  of  a  city  decide  what  shall 
be  done,  as  well  as  the  way  in  which  it  shall  be  done. 
Aldermen  The  legislative  branch  of  the  city  government  is 

councTm°n  rePresented  DY  a  board  of  aldermen  or  a  common 
council,  or  by  both.2  The  practice  in  Maine  is  not 
uniform  at  this  point.  Of  the  twenty  cities,  eight  — 
Brewer,  Calais,  Eastport,  Ellsworth,  Hallo  well,  Old 
Town,  South  Portland,  and  Westbrook  —  have  a  board 
of  aldermen  but  no  common  council ;  the  others  have 
both.  The  number  of  aldermen  varies  from  five  to 

1  In  1899  the  city  of  Deering  was  annexed  to  Portland. 

2  The  principal  officers  of  cities,  as  of  towns,  are  given  in  the  Maine 
Register. 


Local  Government  65 

ten,  the  number  of  councilmen  being  either  two  or 
three  times  as  many.  For  electoral  purposes  each 
city  is  divided  into  districts,  called  wards,  which  are 
numbered.  Each  ward  elects  one  alderman  and,  if  Wards, 
there  be  also  a  common  council,  either  two  or  three 
councilmen ;  in  Brewer,  Eastport,  Old  Town,  and 
Westbrook,  where  there  is  no  common  council,  two 
aldermen  are  chosen  from  each  ward.  Where  two  or 
more  members  of  either  body  are  elected  from  each 
ward,  they  are  commonly  divided  into  classes,  so  that 
but  one  member  will  be  chosen  each  year. 

The  powers  and  duties  of  the  aldermen  and  council  Legislative 
embrace  in  general  the  oversight  and  direction  of  all  P°wers- 
the  affairs  of  the  city,  as  the  powers  and  duties  of 
the  legislature  extend  to  all  the  affairs  of  the  State. 
They  comprise  most  of  the  powers  and  duties  of 
towns,  including  those  exercised  by  selectmen.  The 
most  important  powers,  naturally,  are  those  over  taxa- 
tion and  finance ;  but  the  aldermen  and  council  share 
with  the  mayor  considerable  powers  over  appoint- 
ments to  office  and  the  granting  of  privileges  and 
franchises.  For  the  more  systematic  performance  of 
its  duties  each  body  chooses  a  presiding  officer  and 
clerk,  and  commonly  appoints  from  its  own  number 
various  committees,  each  of  which  is  given  special 
oversight  of  some  department  of  the  municipal  busi- 
ness. Matters  brought  before  the  aldermen  and 
council  go  through  a  procedure  similar  to  that  through 
which  a  bill  passes  in  the  legislature,  but  the  votes 
are  generally  spoken  of  as  orders,  resolutions,  or 
ordinances,  not  as  bills  or  acts. 

At  the  head  of   the  executive  department  of  the  Mayor, 
city  government  is  the  mayor,  who  is  elected  annually 


66  Government  of  Maine 

by  popular  vote.  He  usually  has  the  right  of  appoint- 
ing a  number  of  officials,  among  them  the  heads  of 
the  fire  and  police  departments,  but  his  appointments 
generally  require  the  confirmation  of  the  board  of 
aldermen.  His  annual  message  is  a  review  of  the 
municipal  administration  for  the  year  with  suggestion 
of  changes  which  he  deems  advisable.  Measures 
passed  by  the  aldermen  or  common  council  require 
his  approval,  and  he  may  veto  them. 

other  execu-  Of  the  executive  officers  associated  with  the  mayor, 
tive  officers.  manv  have  titles  and  duties  corresponding  more  or 
less  closely  to  those  of  similar  officers  of  towns.  Such 
are  the  treasurer  and  collector,  auditor,  city  physician, 
marshal  or  chief  of  police,  assessors,  chief  of  the  fire 
department,  overseers  of  the  poor,  board  of  health, 
and  inspectors.  Others  either  have  no  exact  counter- 
part in  the  town,  or  are  made  necessary  by  the  larger 
population  and  increased  amount  and  variety  of  public 
business.  Such  are  the  city  engineer  or  commissioner 
of  public  works,  the  water  commissioners,  the  street 
commissioners,  and  the  police  examining  board.  The 
city  solicitor  is  the  legal  adviser  of  the  city  and  its 
representative  in  the  courts,  while  the  registration  of 
voters  is  intrusted  to  a  board  of  registration. 
Municipal  The  judicial  part  of  the  city  government  is  repre- 
court.  sented  by  the  municipal  court.  The  municipal  court 

is  created  by  special  act  of  the  legislature,1  which 
also  defines  the  jurisdiction  of  the  court  and  its  duties 
so  far  as  these  are  not  provided  for  by  general  laws. 
The  judge  of  the  court  is  appointed  by  the  governor 
and  council  and  holds  office  for  four  years. 
Laws.  As  has  already  been  said,  the  cities  of  Maine  have 

1  These  acts  are  included  in  the  Private  and  Special  Laws. 


Local  Government  67 

sprung  from  towns,  and  numerous  traces  of  their 
origin  are  still  to  be  seen.  The  municipal  laws  of 
the  State  have  been  made  primarily  for  towns,  with 
their  relatively  small  populations  and  popular  gov- 
ernment. So  far  as  applicable,  also,  the  same  laws 
apply  to  cities,  but  with  the  result,  of  course,  of  leg- 
islating for  the  city  often  as  though  it  were  only  a 
larger  or  better  developed  town,  while  in  fact  it  is  a 
wholly  different  kind  of  political  organization.  There 
is  no  well-worked-out  body  of  law  in  Maine  particu- 
larly designed  for  cities,  and  the  city  charters,  while 
as  a  rule  fairly  effective  instruments,  are  in  some 
respects  elementary  and  present  few  novelties.  The 
social,  economic,  and  political  problems  of  city  admin- 
istration, which  in  more  populous  States  have  pressed 
so  hard  for  solution  in  recent  years,  have  not  thus  far 
attracted  much  attention  in  Maine,  largely,  no  doubt, 
because  the  conditions  of  dense  population  and  con- 
centrated wealth  are  as  yet  lacking.  The  conditions 
are  favorable,  however,  for  the  development  of  an 
effective  and  economical  form  of  government  for 
small  cities,  in  which  the  essential  difference  of  type 
between  city  government  and  town  government  shall 
be  clearly  recognized,  and  into  which  the  best 
results  of  municipal  progress  elsewhere  shall  be 
incorporated.1 

34.   THE  COUNTY 

The  popular  government  of   the  town,  admirably  Colonial 
adapted  to  communities  having  a  small  area  and  a  countv- 

1  An  important  step  in  advance,  particularly  in  the  increased  power  of 
the  mayor,  was  indicated  in  the  proposed  charter  of  Portland  in  1897 
(Private  and  Special  Laws,  Chap.  450),  which,  however,  was  not 
accepted  at  the  polls. 


68  Government  of  Maine 

compact  population,  became  from  the  beginning  the 
predominant  type  of  local  government  in  New  Eng- 
land. The  county,  which  in  the  southern  English 
colonies  absorbed  most  of  the  functions  of  local  gov- 
ernment and  in  the  middle  colonies  shared  some  of 
the  most  important  of  those  functions  with  the  town, 
never  attained  any  large  development  in  colonial  New 
England,  or  had  much  independent  political  life  of- 
its  own.  The  New  England  county  in  colonial  times 
served  as  a  useful  intermediate  organization,  princi- 
pally for  judicial  purposes,  between  the  town  and  the 
colony,  performing  certain  functions  which,  for  one 
reason  or  another,  could  not  be  so  effectively  or  eco- 
nomically performed  by  each  town  for  itself.  The 
lapse  of  years  has  naturally  perfected  somewhat  the 
organization  of  the  county  and  added  to  its  work,  but 
it  is  still,  in  most  essential  respects,  the  relatively  sub- 
ordinate part  of  local  government  that  it  was  during 
the  colonial  period. 

County  The  county  is  organized  as  such   by  act  of  the 

organization  legislature>  The  boundaries,  denned  by  the  act 
of  organization,  are  not  infrequently  changed,  large 
counties  being  subdivided  to  form  new  ones  as  popu- 
lation expands.1  Some  town  or  city  in  the  county  is 
designated  as  the  shire  town,  or  county  seat,  and  it 
is  here  that  the  county  buildings  are  erected,  the  ad- 
ministration of  county  affairs  carried  on,  and  the  ses- 
sions of  the  supreme  judicial  court  in  the  county  held. 
County  lines  do  not  divide  towns,  but  they  project  into 
the  sea  so  as  to  include  all  islands  belonging  to  the 
State.  Every  part  of  the  State,  whether  otherwise 
organized  or  not,  is  within  the  limits  of  some  county. 

1  The  Maine  Register  notes  changes  in  boundaries. 


Local  Government  69 

The  administrative  body  of  the  county  is  a  board  county  com- 
of  county  commissioners,  elected  by  popular  vote  of  mlssloners- 
the  people  of  the  county  in  the  same  way  that  repre- 
sentatives in  the  legislature  are  chosen.  The  term  of 
office  is  six  years,  the  terms  being  so  arranged  that 
one  commissioner  retires  every  two  years.  The  de- 
termination of  the  result  of  the  election  rests  with  the 
governor  and  council,  who  are  allowed  considerable 
freedom  in  reaching  a  decision  in  doubtful  cases. 
The  clerk  of  the  supreme  judicial  court  in  each 
county  is  clerk  of  the  board,  and  two  members  con- 
stitute a  quorum.  The  board  holds  regular  sessions 
at  stated  times  —  usually  three  or  four  times  a  year  — 
at  the  shire  town. 

The  duties  of  the  county  commissioners  are  numer-  Duties, 
ous  and  varied.  They  make  the  county  estimates, 
cause  the  county  taxes  to  be  assessed,  and  supervise 
the  receipts  and  expenditure  of  county  money ;  have 
the  care  of  county  property  and  the  management  of 
county  business ;  and  provide  jails,  court-houses,  and 
suitable  buildings  or  places  for  the  offices  of  the  pro- 
bate court  and  register  of  deeds.  Their  powers  over 
roads,  or  "  ways,"  as  they  are  called  in  the  statutes, 
are  in  certain  cases  considerable.  They  may  lay  out, 
alter,  or  discontinue  all  county  roads,  and  must  attend 
annually  to  the  repair  of  such  roads  in  unincorporated 
places.  Ferries  are  licensed,  and  may  be  established, 
by  them. 

The  county  treasurer,  chosen  every  two  years  by  county 
popular   vote,    has   the   care   of   the   money  of   the  treasurer- 
county,  much  as  the  treasurer  of  the  town  has  the 
care  of  the  money  of  the  town.     Most  of  the  county 
receipts,  however,  do  not  come  from  individuals,  but 


70  Government  of  Maine 

from  the  towns,  who  pay  county  taxes  to  the  treasurer, 
and  from  the  sheriff  and  clerk  of  courts,  who  are 
required  to  turn  over  to  the  treasurer  the  proceeds 
of  fines  and  other  legal  charges  received  by  them. 
As  the  duties  of  the  treasurer  thus  touch  both  the 
financial  and  the  judicial  side  of  the  county  business, 
he  makes  reports  to  both  the  attorney-general  and 
the  State  treasurer.  A  set  of  standard  beams, 
weights,  and  measures  is  required  to  be  kept  in  the 
treasurer's  office. 

Register  Another  county  officer  whose  duties,  though  con- 

eds'  fined  to  a  single  branch  of  public  business,  are  never- 
theless of  great  importance,  is  the  register  of  deeds. 
The  register  of  deeds  is  elected  every  four  years  by 
the  people  of  the  county.  In  his  office  are  recorded 
all  deeds,  mortgages,  and  attachments,  together  with 
a  few  other  kinds  of  legal  papers.  For  convenience, 
the  counties  of  Aroostook  and  Oxford  are  each 
divided  into  two  registry  districts. 

judicial  Most  of  the  duties  just  described  may  be  classed 

functions.  under  the  general  head  of  administration.  The  other 
main  part  of  the  business  of  the  county  is  judicial. 
A  number  of  the  features  of  the  judicial  system  as 
applicable  to  counties  have  already  been  described 
—  the  sessions  of  the  supreme  judicial  court  in  each 
county  several  times  a  year,  the  county  attorney,  and 
the  probate  court.  Crime  means  punishment,  and  so 
the  county  jail  and  workhouse  are  parts  of  the  judi- 
cial machinery  of  the  county. 

sheriff.  In  many  respects  the  sheriff,  chosen  for  two  years 

by  popular  vote,  is  the  most  important  judicial  officer 
of  the  county.  His  duties  include  both  civil  and 
criminal  business.  As  the  executive  officer  of  the 


Local  Government  71 

court,  he  serves  a  great  variety  of  legal  papers  on 
the  persons  and  corporations  to  whom  they  are 
directed,  and  sells  property  at  auction  on  the  order 
of  the  court.  He  is  particularly  charged  with  the 
enforcement  of  certain  laws,  especially  the  prohibi- 
tory liquor  laws,  and  has  the  powers  of  a  game 
warden.  The  ordinary  maintenance  of  law  and 
order  is  the  duty  of  the  town,  not  of  the  county,  but 
the  sheriff  may  suppress  any  unlawful  assembly,  and 
arrest  and  detain  any  person  found  violating  any  law. 
He  has  charge  of  the  county  jail  and  its  inmates. 
For  the  better  performance  of  his  duties  he  appoints 
deputies  in  the  more  important  towns. 

If  the  various  things  which  the  county  does  are  Nature  of 
examined  carefully,  they  will  be  found  to  consist 
mainly  of  things  which  could  not  be  so  efficiently  or 
economically  done  if  each  town  or  city  acted  for  itself, 
yet  which  the  central  government,  constructed  as  it 
is,  could  not  on  its  part  very  well  do  without  the  aid 
of  some  intermediate  organization.  For  example, 
each  town  must  be  provided  with  some  means  of 
imprisoning  or  punishing  those  who  break  the  law 
within  its  limits,  but  as  no  one  town  is  likely  to  have 
any  large  number  of  offenders,  it  would  be  unwise  to 
require  each  town  to  maintain  a  jail.1  Disputes  often 
arise  in  towns  which  are  too  important  to  be  settled 
by  the  local  court,  yet  it  would  be  impossible  for  the 
supreme  judicial  court  to  hold  sessions  in  every  town 
in  the  State.  So,  too,  when  a  highway  connects  sev- 
eral towns,  it  may  be  an  advantage  to  all  concerned 
that  the  control  of  it  should  be  shared  with  a  power 

1  The  town  house  of  correction  and  city  police  station  are  intended 
to  be  places  of  temporary  detention  only. 


72  Government  of  Maine 

greater  than  that  of  either  of  the  towns  through  which 
the  road  passes.  It  is  to  perform  these  functions  of 
an  intermediate  organization  that  the  county  exists. 
But  the  county  is  not  a  fully  developed  political  unit, 
for  the  important  reason,  among  others,  that  it  has  no 
power  of  making  laws,  or  of  enforcing  generally  the 
laws  of  the  State.  These  duties  are  performed  by 
the  town  or  city,  the  county  coming  in  only  where 
experience  has  shown  that  it  is  better  to  group  towns 
together.  In  other  words,  the  county  is,  in  Maine,  a 
supplementary  organization  used  by  both  the  town 
and  the  State  for  certain  executive  and  judicial  pur- 
poses, rather  than  an  organization  with  all  the  essen- 
tial powers  of  local  government,  as  in  many  western 
and  southern  States. 

35.   GENERAL   OBSERVATIONS 

Absence  of  The  direct  control  of  local  affairs  by  the  executive 
state  control.  ]Drancj1  of  ft\Q  central  government,  such  as  prevails 
in  the  countries  of  Europe,1  has  thus  far  found  little 
favor  in  the  States  of  the  American  Union.  The 
legislature,  to  be  sure,  passes  such  laws  as  it  pleases 
for  the  conduct  of  the  public  business  and  the  regu- 
lation of  social  intercourse,  but  the  execution  of  such 
laws  is  left  largely  to  the  local  authorities ;  and  so 
long  as  the  laws  are  not  flagrantly  neglected  or  openly 
violated,  the  central  government  does  not,  as  a  rule, 
concern  itself  particularly  about  them.  Moreover,  no 
branch  of  the  central  government  except  the  judici- 
ary has  the  authority  to  interfere  and  compel  a  town 

1  Compare,  for  example,  the  powers  and  duties  of  the  English  Local 
Government  Board. 


Local  Government  73 

to  do  this  or  that,  and  since  a  considerable  degree  of 
discretion  must  always  be  allowed  to  local  as  to  State 
officials,  judicial  proceedings  against  a  town,  save  in 
cases  where  the  laws  are  openly  disregarded,  are  likely 
to  be  uncertain,  slow,  and  cumbersome. 

It  may  often  happen,  accordingly,  that  a  town  or  Local  neglect 
county  official  may  virtually  neglect  his  duty,  or  even  pos 
be  half-hearted  or  corrupt  in  the  performance  of  it, 
and  yet  the  central  government  be  powerless  to  inter- 
vene. For  example,  the  sheriff  may  be  lax  in  the 
enforcement  of  the  prohibitory  liquor  laws,  or  so 
enforce  them  as  to  turn  the  system  into  a  system  of 
practical  license ;  yet  the  governor  and  council  can- 
not remove  the  sheriff  from  office.  In  other  words, 
the  local  official,  though  bound  by  his  oath  of  office 
to  enforce  the  laws  of  the  State  relating  to  his  office, 
is  only  indirectly  responsible  to  the  central  govern- 
ment, and  the  only  remedy  for  his  misconduct  often 
is  to  choose  some  one  else  in  his  place  at  the  next 
election. 

Local  government  in  all  its  branches,  however,  is  Legislative 
the  creation  of  the  State  legislature,  and  may,  in  c 
consequence,  be  altered  by  the  legislature  at  its 
discretion.  A  town  may  be  incorporated  as  a  city, 
the  incorporation  of  a  plantation  may  be  taken  away, 
or  a  city  charter  may  be  altered  without  the  consent 
in  either  case  of  the  people  of  the  community.  The 
public  interest  will,  of  course,  dictate  that  such 
changes  shall  not  be  made  arbitrarily  or  from 
caprice,  but  the  legislative  right  to  make  them  is 
undoubted,  as  is  the  right  to  refuse  to  make  changes 
which  the  people  desire.  Thus  far,  however,  the 
government  of  Maine  has,  on  the  whole,  jealously 


74  Government  of  Maine 

guarded  local  rights,  and  has  progressed  slowly  in 
the  direction  of  what  is  called  centralization ;  and 
although  the  result  is  a  rather  loose  connection 
between  the  local  and  the  central  governments,  the 
same  principle  may  be  expected  to  continue  so  long 
as  the  people  in  the  local  communities  continue  to 
show  their  ability  to  govern  themselves  wisely  and 
progressively,  and  obey  the  spirit  as  well  as  the 
letter  of  the  laws. 


CHAPTER  VI 
NOMINATIONS  AND  ELECTIONS 

36.    REFERENCES 

In  addition  to  the  statutes,  reference  may  now  be  made  to  the  deci- 
sions of  the  Supreme  Judicial  Court,  printed  in  a  series  known  as  Maine 
Reports.  The  proceedings  of  conventions  are  best  followed  in  the  news- 
paper accounts.  The  best  discussion  of  American  political  methods, 
though  mainly  from  the  national  point  of  view,  is  in  Bryce,  American 
Commonwealth,  II.,  Chap.  53-75.  Other  valuable  references  are 
Dallinger,  Nominations  for  Elective  Office ;  Remsen,  Primary  Elec- 
tions;  Lawton,  The  American  Caucus  System;  Ashley,  American 
Federal  State,  Chap.  22  and  23. 

37.   QUALIFICATIONS  OF  VOTERS 

The  second  article  of  the  constitution  of  Maine 
relates  to  electors,  by  whom  are  meant  those  inhabi- 
tants of  the  State  who  are  legally  entitled  to  vote 
at  elections.  The  first  section  of  the  article  is  as 
follows :  — 

"Every  male  citizen  of  the  United  States  of  the  who  are 
age  of  twenty-one  years  and  upwards,  excepting 
paupers,  persons  under  guardianship,  and  Indians 
not  taxed,  having  his  residence  established  in  this 
State  for  the  term  of  three  months  next  preceding 
any  election,  shall  be  an  elector  for  Governor, 
Senators,  and  Representatives,  in  the  town  or  plan- 
tation where  his  residence  is  so  established ;  and  the 
elections  shall  be  by  written  ballot.  But  persons  in 

75 


76  Government  of  Maine 

the  military,  naval,  or  marine  service  of  the  United 
States,  or  this  State,  shall  not  be  considered  as  having 
obtained  such  established  residence  by  being  sta- 
tioned in  any  garrison,  barrack,  or  military  place,  in 
any  town  or  plantation ;  nor  shall  the  residence  of 
a  student  at  any  seminary  of  learning  entitle  him 
to  the  right  of  suffrage  in  the  town  or  plantation 
where  such  seminary  is  established.  No  person, 
however,  shall  be  deemed  to  have  lost  his  residence 
by  reason  of  his  absence  from  the  State  in  the 
military  service  of  the  United  States,  or  of  this  State." 
To  these  provisions  of  the  constitution  an  amend- 
ment adopted  in  1892,  and  following  almost  exactly 
the  language  of  an  amendment  to  the  constitution  of 
Massachusetts,1  added  the  following :  — 

Educational        "  No  person  shall  have  the  right  to  vote,  or  be  eli- 
quaiification.  gible  tQ  office  under  the  constitution  of  this  State, 

who  shall  not  be  able  to  read  the  constitution  in  the 
English  language,  and  write  his  name;  provided, 
however,  that  the  provisions  of  this  amendment  shall 
not  apply  to  any  person  prevented  by  a  physical  dis- 
ability from  complying  with  its  requisitions,  nor  to 
any  person  who  now  has  the  right  to  vote,  nor  to  any 
person  who  shall  be  sixty  years  of  age  or  upwards 
at  the  time  this  amendment  shall  take  effect."  2 

1  Constitution  of  Massachusetts,  Amendments,  Art.  XX.,  ratified  in 
1857.     Poore,  Charters  and  Constitutions,  I.,  979. 

2  Section  15  of  the  law  relating  to  boards  of  registration  and  the 
registration  of  voters  provides  that  the  applicant  for  registration  shall 
be  required  "  to  read  in  the  English  language  other  than  the  title,  so 
much  as  may  be  necessary,  from  an  official  edition  of  the  constitution, 
in  such  manner  as  to  show  that  he  is  neither  prompted  nor  reciting 
from  memory,  and  to  write  his  name  in  a  book  kept  for  the  purpose." 
—  Freeman,  Supplement,  45. 


Nominations  and  Elections  77 

A  careful  reading  of  the  provisions  just  quoted  Voting  a 
shows  that  the  constitution  defines  the  classes  of  pnvilege- 
persons  who  may  vote,  with  the  addition  of  some 
expressed  limitations  on  the  exercise  of  that  privilege, 
but  leaves  to  the  legislature  the  right  and  duty  of  de- 
ciding how  these  general  provisions  may  best  be  car- 
ried into  effect.  Voting  is  a  privilege  rather  than,  in 
the  ordinary  sense,  a  right.  All  the  inhabitants  of 
the  State,  though  allowed  to  hold  property,  required 
to  pay  taxes,  and  protected  by  law  in  their  persons  or 
occupations,  are  not  thereby  entitled  to  vote,  nor  may 
a  voter  exercise  his  privilege  in  more  than  one  place 
in  the  State  at  the  same  election.  The  privilege  of 
voting  is  granted  by  the  State  to  those  persons  or 
classes  of  persons  only  whom  the  State  thinks  may 
properly  be  allowed  to  exercise  it,  and  is  a  right,  con- 
sequently, of  those  persons  only  who  fulfil  the  condi- 
tions laid  down  by  the  State.  The  same  is  true  of  the 
right  to  hold  office.  The  constitution  and  laws,  there- 
fore, are  the  sources  to  which  we  look  for  a  statement 
of  the  privileges  and  duties  of  the  voter. 

The  determination  of  those  who,  out  of  the  entire  Excluded 
population  of  the  State,  are  allowed  to  vote  is  reached  classes- 
by  a  process  of  exclusion.  Certain  classes  of  persons 
are  denied  the  right  of  suffrage :  all  others  vote. 
The  exclusions  are  made  by  the  constitution  itself. 
Women  may  not  vote  in  Maine,  though  allowed  to 
hold  certain  minor  offices.  Minors  are  also  excluded, 
as  are  also  paupers,  Indians  not  taxed,  and  persons 
under  guardianship, — the  latter  class  including  the 
insane  and  the  feeble-minded.  Citizenship  of  the 
United  States,  by  either  birth  or  naturalization,  is 
indispensable,  while  the  amendment  of  1892  further 


Government  of  Maine 


General 
character  of 
the  restric- 
tions. 


Voters  in 

local 

elections. 


provides  a  simple  educational  test.  Upon  the  class 
of  adult  male  inhabitants,  citizens  of  the  United 
States,  who  are  left  is  imposed  the  further  condition 
of  an  established  residence  in  some  town  or  plantation 
in  the  State  for  at  least  three  months  before  the 
election  at  which  the  person  offers  to  vote.  By  this 
system  of  exclusions  the  voters  are  reduced  to  about 
one-fifth  of  the  total  population  of  the  State.1 

None  of  these  restrictions  are  peculiar  to  Maine, 
nor  are  they  burdensome  or  vexatious  to  the  people. 
Maine  has  not,  to  be  sure,  extended  the  suffrage  to 
resident  foreigners  not  yet  naturalized,  as  have  a 
number  of  western  States,  nor  has  it  seen  fit  to  confer 
the  suffrage  upon  women ;  but  since  the  wisdom  of 
both  of  these  steps  is  still  under  debate,  the  State  is 
to  be  charged  with  nothing  more  than  conservatism 
in  this  respect.  The  educational  restriction  is  neither 
arbitrary  nor  burdensome,  since  the  simple  qualifica- 
tions it  demands  are  essential  to  good  citizenship  and 
are  not  difficult  of  attainment. 

The  qualifications  laid  down  in  the  constitution  for 
voters  in  State  elections  apply  also  to  voters  in  local 
elections.  All  persons,  accordingly,  who  are  entitled 
to  vote  for  governor,  senators,  and  representatives  in 
any  town,  city,  or  plantation  may  vote  in  all  elections 
in  those  same  communities.2 

1  Not  all  vote  who  are  entitled  to  vote.    The  population  of  Maine 
in    1900  was   694,466.      In  the  gubernatorial  election   in  that  year 
117,878  votes  were  cast;  that  is,  a  little  more  than  one-sixth  of  the 
population  voted. 

2  Revised  Statutes  (1883),  Chap.  3,  Sec.  n. 


Nominations  and  Elections  79 

38.    REGISTRATION 

In  order  to  determine  who,  under  the  constitution, 
have  a  right  to  vote,  and  to  prevent  fraudulent  voting, 
provision  is  made  by  law  for  the  registration  of  voters, 
and  only  those  persons  whose  names  are  on  the  vot- 
ing list  thus  prepared  are  allowed  to  vote. 

The  regulations  are  naturally  most   elaborate   in  Boards  of 
cities.1     There  is  in  each  city  a  board  of  registration.  re£lstratlon- 
Of  the  three  members,  one,  who  is  chairman  of  the 
board,  is  appointed  by  the  governor  and  council  for 
four  years,  and  the  others  are  appointed  by  the  mayor 
on  the  nomination  of  the  city  committees  of  the  two 
political  parties  which  polled  the  highest  and  next  to 
the  highest  number  of  votes,  respectively,  for  governor 
at  the  last  State  election.     No  member  of  this  board 
may  hold  at  the  same  time  any  other  State,  county, 
or  city  office,  whether  elective  or  appointive.     To  the 
board  is  given  the  exclusive  authority  to  decide  upon  Powers  and 
the  qualifications  of  the  voters  of  the  city  and  to  pre-  of  the 

pare  the  voting  list.  Once  a  year  the  assessors,  or 
their  representatives,  visit  every  building  in  the  city 
and  make  a  list  of  all  occupants  liable  to  be  assessed 
for  a  poll-tax.  This  list,  transmitted  to  the  board  of 
registration,  becomes  the  basis  of  the  voting  list,  but 
names  are  stricken  off  if  it  is  found  that  errors  have 
been  made,  and  may  be  added  on  proof  that  the 
applicant  is  entitled  to  vote.  Lists  of  voters  in  the 
several  wards  are  required  to  be  prepared  by  the  board 
at  least  thirty  days  before  the  election,  and  the  board 
is  further  in  session  a  specified  number  of  days  before 
the  election  for  the  purpose  of  correcting  the  list,  but 

1  The  law  is  in  Freeman,  Supplement,  41-50. 


8o 


Government  of  Maine 


Voting  lists 
in  towns. 


System  of 
committees. 


no  names  may  be  either  added  or  removed  on  election 
day,  nor  may  any  one  vote  whose  name  is  not  on  the 
lists.  A  man  does  not,  however,  lose  his  right  to  vote 
by  moving  from  one  ward  to  another. 

In  towns  the  list  of  qualified  voters  is  prepared  by 
the  selectmen  in  August  of  each  year  and  copies 
posted  in  one  or  more  public  places.1  Opportunity 
is  given  for  the  correction  of  the  list  at  stated  times, 
and  in  towns  containing  less  than  five  hundred  voters 
the  selectmen  may  add  names  to  the  list  on  the  day 
of  the  election.2 

39.  NOMINATION 

To  understand  how  candidates  for  office  are  nomi- 
nated it  is  first  necessary  to  notice  the  way  in  which  a 
political  party  in  a  State  is  organized.  The  organiza- 
tion comprises  a  series  of  committees.  In  Maine,  the 
State  committee  consists  of  a  chairman,  a  secretary, 
and  sixteen  other  members,  one  from  each  county, 
chosen  by  the  delegates  from  the  county  at  the  State 
convention.3  This  committee  has  general  oversight 
of  the  party  interests  throughout  the  State,  directing 
its  work  and  shaping  its  policy.  The  county  com- 
mittee, each  with  its  chairman  and  secretary,  is  usually 
composed  of  one  member  from  each  State  legislative 
district  in  the  county,  selected  biennially  at  the  county 
convention.  The  county  committee  looks  after  the 
interests  of  the  party  in  the  election  of  county  officers. 

1  Revised  Statutes  (1883),  Chap.  4,  Sec.  I  and  2. 

2  Ibid.,  Chap.  4,  Sec.  9. 

8  The  Republican  and  Prohibition  State  committees  have  also  a 
treasurer.  The  Prohibition  State  committee  has  (1902)  one  member 
from  each  of  eight  counties. 


Nominations  and  Elections  8 1 

Town  and  city  committees  are  usually  small  bodies, 
chosen  by  the  voters  of  the  party  ;  in  cities  there  are 
also  ward  committees.  Finally,  in  each  congressional 
district  there  is  a  district  committee,  the  members  of 
which  are  usually  chosen,  through  a  nominating  com- 
mittee at  the  district  convention. 

The  members  of  these  various  committees,  together  "  The 
with  the  holders  of  important  offices  under  the  State,  machine/ 
local,  and  national  governments,  make  up  what  is 
popularly  called  "  the  machine,"  or  the  working  or- 
ganization of  the  party.  It  is  the  particular  business 
of  the  committees  to  organize,  instruct,  and  interest 
the  members  of  the  party,  to  see  that  voters  register 
and  vote,  and  to  collect  from  office-holders  and  others 
the  necessary  funds  for  campaign  expenses.  In 
practice,  however,  the  different  committees  have  less 
to  do  with  one  another  than  their  systematic  organiza- 
tion might  seem  to  imply.  Save  in  State  and  national 
elections,  each  committee  exercises  a  large  measure 
of  independence,  the  county  committee  being  the 
most  independent  of  all.  Whatever  business  the 
State  committee  has  in  any  county  is  done  through 
the  member  of  the  committee  from  that  county,  and 
not  through  the  county  committee ;  while  in  such 
work  as  making  a  canvass  of  voters  previous  to  a 
State  or  national  election,  the  members  of  the  State 
committee  communicate  directly  with  the  town  com- 
mittees in  their  respective  counties.  In  cities,  on 
the  other  hand,  the  connection  between  the  ward 
committees  and  the  city  committee  is  naturally  close. 

One  of  the  most  important  duties  of   the   party  Nomina- 
organization  is  to  bring  forward  candidates  for  the  tlons* 
various  offices  to  be  filled,     While  in  local  affairs  it 


82  Government  of  Maine 

not  infrequently  happens  that  men  offer  themselves 
as  candidates  at  the  request  of  their  friends  or  upon 
their  own  responsibility,  or  "  run "  as  independent 
candidates,1  far  the  larger  number  of  candidates 
voted  for  are  nominees  of  organized  political  parties. 
Nominating  State  and  county  officers  and  representatives  in 
lon'  Congress  are  nominated  by  State,  county,  and  district 
conventions.  The  members  of  the  convention,  known 
as  delegates,  represent  counties,  towns,  or  legislative 
districts,  as  the  case  may  be,  the  number  of  delegates 
being  usually  determined  in  part  by  the  number  of 
votes  cast  in  the  preceding  election.  For  example, 
in  a  Republican  county  convention  each  city,  town, 
and  plantation  is  entitled  to  one  delegate,  and  for 
every  seventy-five  votes  cast  for  the  nominee  of  the 
party  for  governor  at  the  election  in  the  preceding 
presidential  year  an  additional  delegate,  and  for  an 
excess  of  forty  votes  over  the  multiple  of  seventy- 
five  votes,  still  another  delegate.  Nominating  con- 
ventions are  called  by  the  appropriate  committee, 
the  call  specifying  the  time,  place,  and  object  of  the 
meeting,  and  the  number  of  delegates  to  which  the 
respective  constituencies  are  entitled. 

Procedure  in  A  nominating  convention  is  usually  called  to  order 
convention,  ^y  j-ne  chairman  of  the  committee  which  issued  the 
call,  or  by  some  one  selected  by  the  committee  for 
that  purpose.  The  call  having  been  read,  a  per- 
manent chairman,  a  secretary,  and  other  necessary 
officers  are  chosen,2  and  the  credentials  of  the  dele- 
gates examined.  Nominations  are  then  in  order, 

1  The  announcement  of  such  candidacy  is  usually  made  in  some 
local  newspaper. 

2  The  temporary  organization  may  be  made  permanent. 


Nominations  and  Elections  83 

the  highest  office,  if  there  are  several  to  be  filled, 
being  usually  taken  first.  There  may,  of  course,  be 
several  candidates  for  the  same  nomination.  When 
the  nominations  for  an  office  have  all  been  made, 
a  vote  is  taken,  and  the  successful  candidate  becomes 
the  nominee  of  the  convention.  State  conventions 
also  usually  adopt  a  statement  of  party  principles,  Platform, 
called  a  platform. 

Elective  officers  of  towns  and  cities  are  nominated  Caucus, 
in  mass  meetings  of  the  voters  of  the  party,  called 
caucuses.  In  cities  a  beginning  has  been  made  in 
the  regulation  of  caucuses  by  statute.1  The  right 
of  calling  ward  and  city  caucuses  of  a  party  is  vested 
in  the  city  committee  of  the  party,  the  call  being 
posted  in  public  places  at  least  six  days  before  the 
time  of  holding  the  caucus.  A  copy  of  the  list  of 
voters  used  at  the  last  election  is  furnished  to  the 
committee  by  the  board  of  registration,  and  the  list 
must  be  used  as  a  check  list  in  voting  at  the  caucus 
if  fifty  voters  request  it.  No  person  may  vote  in  a 
caucus  called  by  a  committee  of  a  party  of  which  he 
is  not  a  member,  under  penalty  of  a  fine.  The  com- 
mittee may  designate  in  the  call  the  times  for  opening 
and  closing  the  polls. 

This  act,  passed  in  1 897,  did  not  apply  to  the  city  Bangor. 
of  Portland.2  A  special  act  of  1901  for  the  regula- 
tion of  caucuses  in  Bangor,  while  incorporating  the 
main  provisions  of  the  general  law  of  1897,  added  the 
important  provision  that  the  assessors  of  that  city,  in 
making  the  annual  list  of  persons  liable  to  the  pay- 

1  Public  Laws,  1897,  Chap.  310. 

2  That  is,  the  act  did  not  apply  to  cities  of  more   than    25,000 
inhabitants. 


84 


Government  of  Maine 


Biddeford. 


Caucuses  in 
towns. 


Certificate  of 
nomination. 


ment  of  the  poll-tax,  shall  ascertain  as  far  as  possible 
the  politics  of  the  voters,  and  that  each  voter  shall  be 
notified  that  such  party  designation  or  lack  of  desig- 
nation will  appear  upon  the  voting  list  unless  the 
voter  asks  to  have  it  changed.1 

The  most  elaborate  plan  for  the  regulation  of  cau- 
cuses is  that  embodied  in  an  act  applying  only  to  the 
city  of  Biddeford,  passed  in  1 899.2  This  act  pro- 
vides for  the  choice  of  a  city  committee  of  eleven 
members,  one  from  each  ward  and  four  at  large, 
who  shall  hold  office  for  two  years.  No  two  cau- 
cuses for  the  nomination  of  candidates  for  mayor 
may  be  held  on  the  same  day.  In  voting  for  the 
nomination  of  a  mayor,  the  voting  list  prepared  in 
accordance  with  the  general  ballot  law  of  the  State  is 
to  be  used,  and  it  may  be  used  if  ten  voters  of  the 
ward  request  it.  The  check  lists  used  are  placed  in 
the  custody  of  the  city  clerk,  provision  being  made  for 
the  use  of  the  same  list  by  different  political  parties, 
but  with  a  different  system  of  checking  the  names. 

None  of  the  provisions  of  the  general  caucus  law 
apply  to  towns.  Caucuses  in  towns  are  called  by  the 
town  committee  and  conducted  under  such  regula- 
tions as  the  committee,  with  the  approval  of  the 
voters  of  the  party,  may  prescribe.  No  one,  of 
course,  is  entitled  to  vote  at  a  caucus  of  any  party 
except  that  to  which  he  belongs.  It  is  usual  to  use 
the  town  voting  list  as  a  check  list  if  any  considerable 
number  of  voters  request  it. 

In  cities,  when  candidates  have  been  duly  nomi- 
nated by  a  convention  or  caucus,  a  certificate  of  nom- 

1  Private  and  Special  Laws,  rqoi,  Chap.  497. 

2  Ibid.,  1899,  Chap.  199. 


Nominations  and  Elections  85 

ination,  setting  forth  the  name  of  the  nominee,  the 
office  for  which  he  is  nominated,  the  political  party 
which  he  represents,  and  his  place  of  residence, 
together  with  the  written  consent  of  the  person  nom- 
inated, is  drawn  up  and  signed  by  the  chairman  or 
secretary  of  the  convention  or  caucus.  If  the  nom- 
ination is  for  a  State  or  county  office,  the  certificate 
must  be  filed  with  the  secretary  of  state  not  later 
than  August  10,  and  if  for  a  city  office,  with  the  city 
clerk  at  least  seven  days  before  the  election.  Names 
thus  certified  are  entitled  to  appear  on  the  official 
ballot.1 

While  the  effect  of  the  regulations  just  given  is  Nomination 
in  practice  to  confine  nominations  to  members  of  bypetl 
organized  political  parties,  it  would  be  highly  unde- 
sirable that  the  right  of  any  voter  to  offer  himself  as 
a  candidate  for  an  office,  or  the  right  of  the  voters  to 
vote  for  whom  they  please,  should  ever  be  materially 
restricted.  It  is  accordingly  provided  that  "  nomina- 
tions of  candidates  for  any  offices  to  be  filled  by  the 
voters  of  the  State  at  large  may  be  made  by  nomi- 
nation papers  signed  in  the  aggregate  for  each  can- 
didate by  not  less  than  one  thousand  qualified  voters 
of  the  State,"  and  that  "  nominations  of  candidates 
for  electoral  districts  or  divisions  of  the  State,  or  for 
municipal  or  ward  officers,"  may  be  similarly  made 
by  nomination  papers,  "  signed  in  the  aggregate  for 
each  candidate  by  qualified  voters  of  such  district  or 
division  not  less  in  number  than  one  for  every  one 
hundred  persons  who  voted  at  the  next  preceding 
gubernatorial  election  in  such  district  or  division,  but 

1  The  provisions  of  this  paragraph  do  not  apply  to  towns. 


86 


Government  of  Maine. 


Self- 
nomination. 


Political 
qualifica- 
tions. 


in  no  case  less  than  twenty-five."  l  The  names  of 
persons  thus  nominated  appear  on  the  official  ballot. 

In  addition,  any  person  who  has  the  constitutional 
or  legal  qualifications  may  offer  himself  as  a  candidate 
for  any  office,  and  may  be  voted  for  by  the  electors ; 
but  such  a  course,  though  occasionally  successful  in 
local  elections,  is  usually  impracticable  in  State  or 
county  contests. 

It  remains  to  consider  a  general  aspect  of  the 
nominating  system.  Qualifications  for  office  are  of 
two  kinds,  legal  and  political.  The  legal  qualifica- 
tions are  to  be  found  in  the  constitution  and  laws  of 
the  State,  and  relate  mainly  to  such  matters  as  citi- 
zenship, age,  term  of  office,  and  the  like.  The  politi- 
cal qualifications  have  to  do  with  the  important 
questions  of  whether  a  candidate  will  make  a  good 
official  and  whether  he  can  be  elected.  While  the 
men  chosen  under  the  present  system  are  probably  as 
well  qualified  as  those  who  would  be  likely  to  be 
chosen  under  any  other,  we  do  not  always  get  the  best 
men  in  the  community  for  office  holders,  and  we 
sometimes  get  men  who  are  obviously  unfit.  Acknowl- 
edged membership  in  a  party  and  the  performance 
of  some  active  party  service  are  generally  necessary 
to  insure  a  nomination,  while  acceptability  to  the 
party  leaders  and  the  public  is  essential  to  a  satisfac- 
tory vote  at  the  polls.  Where  the  duties  of  an  office 
require  no  special  training,  but  can  be  performed 
well  enough  after  a  little  experience  by  any  intelligent 
person,  there  is  always  a  disposition  to  "pass  the 
office  around  "  in  order  that  as  many  as  possible  may 


1  Freeman,  Supplement,  52,  Sec.  4. 


Nominations  and  Elections  87 

enjoy  the  income  and  honor  of  it,  but  the  towns  of 
Maine  still  show  a  commendable  willingness  to  keep 
the  same  men  in  office  as  long  as  they  perform  their 
duties  properly.  The  larger  the  number  of  voters,  the 
more  machinery  is  required  to  organize  them  and 
make  their  votes  effective,  but  politics  becomes  cor- 
rupt, a  means  of  evil  rather  than  good  to  the  people, 
when  those  who  control  the  party  organizations  use 
their  power  for  personal  and  selfish  ends  rather  than 
for  the  public  good. 

40.   ELECTIONS 

At  all  elections  in  Maine  the  votes  are  given  by  Ballots, 
printed  or  written  ballots.  Maine,  in  common  with 
most  States  of  the  Union,  has  adopted  for  State, 
county,  and  city  elections  a  modified  form  of  the  so- 
called  Australian  or  secret  ballot.1  The  names  of  all 
the  candidates  to  be  voted  for  in  any  polling  place 
at  the  election  are  printed  on  one  ballot,  the  names 
of  the  candidates  nominated  by  a  particular  party 
being  grouped  together  by  themselves,  with  the  name 
of  the  party  above  the  group.  With  the  name  of  the 
candidate  is  printed  also  the  name  or  title  of  the  office 
for  which  he  is  a  candidate,  while  below  the  name  is 
left  a  blank  space  in  which  the  voter  may,  if  he 
wishes,  write  another  name  in  place  of  the  printed 
one.  To  vote,  the  voter  may  mark  a  cross  (X)  in  a 
square  above  the  name  of  the  party  group  or  ticket, 
in  which  case  he  votes  for  all  the  persons  in  the  group : 
this  is  commonly  spoken  of  as  voting  a  "  straight " 
ticket.  If  he  does  not  wish  to  vote  for  all  the  names 

1  For  the  ballot  law,  see  Freeman,  Supplement,  51-62. 


88  Government  of  Maine 

on  the  ticket,  he  may  erase  the  names  of  those  whom 
he  does  not  wish  to  vote  for  and  mark  a  cross 
opposite  the  names  he  does  wish  to  vote  for. 

If  he  wishes  to  vote  for  other  names  than  those 
printed  on  the  ballot,  he  may  erase  the  names  of 
those  for  whom  he  does  not  wish  to  vote  and  write 
the  names  of  other  candidates  in  the  blank  spaces 
below  the  printed  names,  marking  a  cross  after  each 
name  thus  written  in.  Those  who  vote  for  other 
names  than  those  in  the  party  group,  or  make  up  their 
list  from  the  names  in  two  or  more  groups,  are  said 
to  vote  a  "  split "  ticket.  "  Pasters  "  or  "  stickers  " 

—  small  strips  of  paper  with  names  printed  thereon 

—  may  be  pasted  upon  the  ticket  in  the  blank  space 
below  a  name,  instead  of  writing  in  the  name,  the 
name  on  the  ballot  being  erased,  and  a  cross  marked 
after  the  inserted  name,  in  either  case.     If  a  constitu- 
tional amendment  is  to  be  voted  on,  the  amendment 
is  printed  on  the  ballot,  the  cross  being  marked  in  a 
square  after  it  above  the  words  "  Yes  "  or  "  No." 

Voting  In   each  city,  town,  and  plantation  the  municipal 

places.  officers  are  required  to  equip  the  polling  places  with 

a  specified  number  of  voting  shelves  or  compart- 
ments in  which  the  voter  shall  mark  his  ballot. 
The  compartments,  placed  within  an  enclosed  space 
surrounded  by  a  guard  rail,  must  be  at  least  six  feet 
from  the  rail  and  in  full  view  of  persons  outside  the 
rail,  but  so  placed  that  the  marking  of  the  ballot  is 
screened  from  the  observation  of  others.  The  ballot 
boxes  and  ballots  are  all  kept  within  the  enclosed 
space,  and  no  one  except  the  election  officers  and  the 
voters  are  allowed  inside  the  guard  rail.  For  the 
supervision  of  the  election  the  municipal  officers 


FORM  OF  BALLOT  FOR  STATE  ELECTIONS 


REPUBLICAN 

DEMOCRAT 

PROHIBITION 

SOCIALIST 

For  Governor 

For  Governor 

For  Governor 

For  Governor 

For  Representa- 
tive to  Congress 

For  Representa- 
tive to  Congress 

For  Representa- 
tive to  Congress 

For  Representa- 
tive to  Congress 

For  Senators 

For  Senators 

For  Senators 

For  Senators  * 

For  County  At- 
torney 

For  County  At- 
torney 

For  County  At- 
torney 

For  County  At- 
torney* 

For  Judge  of 
Probate 

For  Judge  of 
Probate 

For  Judge  of 
Probate  * 

For  Judge  of 
Probate  * 

For  Register  of 
Probate 

For  Register  of 
Probate 

For  Register  of 
Probate 

For  Register  of 
Probate  * 

For  Sheriff 

For  Sheriff 

For  Sheriff 

For  Sheriff* 

For  County  Com- 
missioner 

For  County  Com- 
missioner 

For  County  Com- 
missioner 

For  County  Com- 
missioner * 

For  County 
Treasurer 

For  County 
Treasurer 

For  County 
Treasurer 

For  County 
Treasurer  * 

For  Representative 
to  the  Legislature 

"or  Representative 
to  the  Legislature 

"or  Representative 
to  the  Legislature 

For  Representative 
to  the  Legislature  * 

Resolve  Providing  for  a  State  Auditor. 

"  Shall  the  Constitution  be  so  amended  so  as  to  provide  for  a  State  Audi- 
tor, as  proposed  in  said  resolve." 

YES  NO 

NOTE.  -  The  names  of  candidates  are  omitted.  In  the  original  ballot  from  which  the  above  form 
is  printed  (election  of  Sept.  10,  1900) ,  four  senators  and  one  representative  were  to  be  chosen. 
Where  the  title  of  the  office  is  starred  (*),  no  name  of  a  candidate  appeared  on  the  ballot. 


Nominations  and  Elections  89 

appoint  two  or  four  clerks  of  election,  according  to 
the  population,  the  clerks  representing  equally  the 
two  political  parties  which  at  the  last  election  cast 
the  highest  number  of  votes  for  governor.  Two  of 
the  clerks  are  detailed  to  act  as  ballot  clerks,  and 
as  such  have  charge  of  the  ballots  and  their  dis- 
tribution, being  furnished  with  a  duplicate  of  the 
check  list  of  registered  voters  of  the  town  or  poll- 
ing district. 

A  person  who  desires  to  vote  approaches  the  guard  HOW  a  vote 
rail  and  gives  his  name  to  one  of  the  ballot  clerks,  who  1S  cast> 
is  required  to  "  announce  the  same  in  a  loud  and  dis- 
tinct tone  of  voice,  clear  and  audible."  If  the  name 
is  duly  entered  on  the  check  list,  the  person  is  ad- 
mitted within  the  enclosure,  and  is  given  a  ballot, 
folded  in  a  manner  prescribed  by  law,  the  name 
being  checked  on  the  check  list.  The  voter  then 
enters  one  of  the  compartments,  opens  and  marks 
his  ballot,  folds  it,  and  goes  to  the  part  of  the  enclos- 
ure in  which  the  ballot  box  is  placed.  Here  he  gives 
his  name  to  the  selectmen  or  other  officers  of  the 
election,  his  name  is  checked,  and  the  ballot,  with 
the  official  indorsement  uppermost,  is  deposited  in 
the  ballot  box.  A  voter  who  cannot  read,  or  who  is 
physically  unable  to  mark  his  ballot,  may  receive  the 
assistance  of  two  of  the  election  clerks,  one  from 
each  party.  Heavy  penalties  are  provided  for  any 
voter  who  allows  his  ballot  to  be  seen  "with  an 
apparent  intention  of  letting  it  be  known  how  he  is 
about  to  vote,"  or  who  makes  a  false  statement  as  to 
his  inability  to  mark  his  ballot,  or  who  in  any  way 
interferes  with  the  voters  or  with  the  conduct  of  the 
election. 


Government  of  Maine 


Counting 
and  preserv- 
ing ballots. 


Printing  and 
distribution 
of  ballots. 


Municipal 
expenses. 


Ballots  in 

town 

elections. 


After  the  polls  are  closed,  the  ballots  are  sorted 
and  counted  in  open  town  or  ward  meeting  in  such 
manner  as  to  allow  the  electors  to  see  the  operation. 
The  ballots,  including  those  not  cast,  and  the  check 
lists  are  sealed  in  open  meeting  and  delivered  to  the 
clerk  of  the  city,  town,  or  plantation,  who  keeps  them 
for  six  months  as  a  public  record.1 

The  ballots  are  printed  and  distributed  under  the 
direction  of  the  secretary  of  state.  Cities,  towns, 
and  plantations  pay  the  cost  of  distributing  the 
ballots,  and  cities  pay  also  for  the  printing  of  such 
as  are  used  in  municipal  elections ;  the  remainder  of 
the  expense  is  defrayed  by  the  State.  Two  sets  of 
ballots  are  furnished  each  town  or  voting  precinct, 
and  great  care  is  taken  to  insure  their  safety  and 
prompt  delivery,  and  to  guard  against  fraud.  With 
the  ballots  are  also  furnished  printed  instructions  as 
to  how  the  ballots  shall  be  marked,  and  illustrative 
sample  ballots.  Ballot  boxes,  voting  compartments, 
guard  rails,  and  other  necessary  furnishings  are  pro- 
vided at  the  expense  of  the  town,  which  also  pays  the 
officers  of  the  election. 

The  use  of  the  secret  ballot  is  not  required  in  the 
annual  town  elections,  and  the  whole  process  of  vot- 
ing at  such  elections  is,  in  consequence,  much  sim- 
plified. The  check  list  of  voters  is  used,  however, 
and  the  election  is  in  charge  of  the  municipal  offi- 
cers. The  ballot  used  is  the  ordinary  form  of  printed 
slip  containing  the  names  of  the  candidates  nominated 
by  a  particular  party  for  the  offices  to  be  filled. 

1  The  legislature  in  1901  {Public  Laws,  1901,  Chap.  169)  authorized 
the  use  of  voting  machines  approved  by  the  secretary  of  state,  the 
attorney-general,  and  a  member  of  the  council. 


Nominations  and  Elections  91 

The  biennial  election  of  State  officers  is  appointed  Times  of 
by  the  constitution  for  the  second  Monday  in  Sep-  e 
tember,  the  terms  of  office  of  the  persons  so  chosen 
beginning  on  the  first  Wednesday  of  the  following 
January.  Officers  of  towns  hold  office  for  one  year 
from  the  date  of  the  town  meeting  at  which  they  are 
chosen.  The  date  of  the  annual  election  of  a  city  is 
fixed  by  its  charter,  March  being  the  usual  month. 
When  a  person  is  chosen  to  fill  a  vacancy  he  holds 
the  office  only  for  the  unexpired  portion  of  the  term. 
In  the  case  of  many  officials  the  law  directs  that 
they  shall  hold  their  offices  until  their  successors 
are  elected  and  qualify. 

The  general  regulations  which  govern  the  conduct  Presidential 
of  elections  for  State  officers  apply  also  to  the  elec-  electors- 
tions  held  once  in  four  years,  at  which  electors  of 
president  and  vice-president  of  the  United  States  are 
chosen.  The  presidential  electors,  as  they  are  called, 
in  number  equal  to  the  number  of  senators  and  rep- 
resentatives which  the  State  is  entitled  to  in  Con- 
gress, are  chosen  by  popular  vote  in  the  cities,  towns, 
and  plantations,  on  the  Tuesday  after  the  first  Mon- 
day in  November  in  the  year  in  which  the  election 
takes  place.  A  return  of  the  votes  cast  is  made  to 
the  secretary  of  state,  and  the  votes  are  counted  by 
the  governor  and  council,  who  issue  certificates  of 
election  to  the  successful  candidates.  If  the  returns 
show  that  a  majority  of  the  whole  number  of  electors 
to  which  the  State  is  entitled  have  not  been  elected, 
the  governor  must  at  once  convene  the  legislature, 
and  the  two  houses  in  joint  session  choose  electors 
to  complete  the  quota.  On  the  Saturday  preceding 
the  second  Monday  of  January,  the  electors  meet  in 


92  Government  of  Maine 

the  Senate  chamber  at  Augusta,1  and  on  the  Monday 
following  vote  by  ballot  for  president  and  vice-presi- 
dent. Three  identical  certificates  of  their  choice  are 
prepared,  one  of  which  is  sent  to  the  president  of 
the  Senate  at  Washington  by  special  messenger, 
another  is  forwarded  to  the  same  person  by  mail, 
and  the  third  is  delivered  to  the  judge  of  the  dis- 
trict court  of  the  United  States  for  the  district  of 
Maine. 

Safeguards  What  are  known  in  general  as  "  corrupt  practices  " 
ties.Penal"  i*1  elections  have  happily  not  been  prevalent  enough 
in  Maine,  as  yet,  to  call  for  any  large  amount  of 
special  legislation  to  prevent  or  punish  them,  while 
the  secret  ballot  law  itself  acts  as  a  check  against 
fraud  and  a  safeguard  to  the  voter.  Severe  penal- 
ties are,  however,  provided  by  law  for  illegal  voting 
or  interference  with  an  election,  while  the  offering 
or  acceptance  of  a  bribe  are  alike  punishable,  not 
only  by  fine  or  imprisonment,  but  also  by  ineligibil- 
ity  to  any  office  for  ten  years.  Around  the  voter, 
also,  important  safeguards  are  thrown.  In  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  elec- 
tors are  privileged  from  arrest  on  the  days  of  elec- 
tion, and  during  their  attendance  at,  going  to,  and 
returning  from  the  polls.2  No  elector  may  be  com- 
pelled to  do  duty  in  the  militia  on  election  day, 
nor  may  the  militia  be  paraded  on  that  day,  save 
in  time  of  war  or  public  danger.3  The  arrest  and 

1  "And  if  any  elector  so  chosen  is  not  present,  the  electors  then 
present,  by  a  majority  of  votes,  shall  forthwith  elect  the  requisite  num- 
ber of  persons  qualified  to  supply  such  deficiency."  —  Public  Laws,  1889, 
Chap.  150,  Sec.  I. 

2  Constitution  of  Maine,  Art.  II.,  Sec.  2. 

8  Ibid.,  Art.  II.,  Sec.  3  ;   Revised  Statutes  (1883),  ChaP-  4>  Sec-  73- 


Nominations  and  Elections  93 

detention  of  a  voter,  on  either  a  real  or  a  ficti- 
tious charge,  might  easily  be  made  use  of  to  affect 
the  result  of  an  election,  while  the  presence  of 
troops  in  arms,  in  a  community  in  which  an  elec- 
tion is  going  on,  suggests  intimidation,  and  is  not 
to  be  tolerated. 

While  the  secret  ballot  law  of  Maine  is  neither  so  Criticism  of 
perfect  nor  so  strict  as  are  the  ballot  laws  of  some  j^ret  ballot 
other  States,  it  has  nevertheless  been  criticised  both 
for  what  it  does  and  for  what  it  does  not  do.  Objec- 
tion to  the  law  has  been  made  on  the  ground,  first, 
that  it  did  not  secure  secret  voting,  second,  that  its 
provisions  were  so  difficult  to  observe  that  many  bal- 
lots were  wrongly  marked  and  those  who  cast  them, 
in  consequence,  were  virtually  disfranchised,  and, 
third,  that  the  expense  was  too  great  for  the  result 
accomplished.  As  to  the  first  charge  it  may  be  said, 
that  while  the  law  probably  does  not  insure  absolute 
secrecy,  it  has  insured  a  degree  of  secrecy  quite  im- 
possible under  the  old  system,  has  made  bribery 
very  uncertain,  and  has  unquestionably  increased  the 
amount  of  independent  voting.  As  to  the  disfran- 
chisement  of  voters  through  the  imperfect  marking 
of  ballots,  it  must  be  remembered  that  one  of  the 
objects  of  the  law  is  to  insure  a  greater  degree  of 
intelligent  carefulness  on  the  part  of  the  voter. 
Carefully  prepared  instructions,  accompanied  by 
sample  ballots  showing  the  proper  way  of  marking, 
are  conspicuously  posted  in  every  polling  place,  and 
the  voter  who  marks  his  ballot  incorrectly  is  either 
careless  or  needlessly  ignorant.  The  elector  who, 
being  directed  to  mark  a  cross  within  the  square, 
chooses  to  mark  the  cross  outside  of  it,  cannot  com- 


94  Government  of  Maine 

plain  if  the  law  holds  his  ballot  to  be  invalid.1  As 
to  the  cost  of  the  system,  that  is  in  fact  small,  less 
than  $11,000  being  expended  by  the  State  on  this 
account  in  1900.  The  great  aim  of  all  election  laws 
is  to  secure  not  only  effective  and  orderly  voting,  but 
pure,  honest,  and  independent  voting  as  well,  and 
while  these  results  cannot  be  attained  unless  the  peo- 
ple themselves  want  them,  all  laws  which  aim  to 
bring  them  about  should  receive  hearty  sympathy 
and  support. 

1  As  to  the  marking  of  the  cross,  see  the  case  of  Curran  v.  Qayton, 
86  Maine  Reports,  42;  as  to  the  insertion  of  names  by  the  voter,  see 
Waterman  v.  Cunningham,  89  Maine  Reports,  295. 


CHAPTER  VII 

THE  ADMINISTRATION  OF  JUSTICE 

41.  REFERENCES 

In  the  Revised  Statutes  (1883),  Titles  VIII.,  IX.,  and  XI.  relate  to 
the  courts,  civil  rights  and  remedies,  and  crimes  and  criminal  procedure. 
Verrill,  Maine  Civil  Officer,  is  exceedingly  useful  in  matters  of  pro- 
cedure. The  printed  blank  forms  used  in  legal  proceedings  are  very 
instructive,  and  may  be  had  at  moderate  cost.  Large  parts  of  Cooley's 
Constitutional  Law  and  Constitutional  Limitations  may  be  read  with 
profit  by  those  without  special  legal  training.  Of  general  references, 
Bryce,  American  Commonwealth,  I.,  Chap.  42,  and  II.,  Chaps.  101  and 
102,  is  especially  important. 

42.  THE  LAW 

We  have  already  seen  how,  in  the  division  of  the  Necessity  of 
powers  of  government  into  three  departments,  the  courts- 
legislative  department  makes  the  laws,  the  executive 
department  administers  or  enforces  them,  and  the 
judicial  department  explains  such  as  are  of  doubtful 
meaning  or  application,  and  tries  and  punishes  those 
who  disregard  or  break  them.  If  all  the  people  of  a 
State  were  perfectly  wise  and  perfectly  good,  or  even 
always  as  good  as  they  are  wise,  the  last  of  these  three 
departments  would  have  little  or  nothing  to  do,  since 
the  laws  of  the  State  would  be  everywhere  obeyed. 
But  we  know  that  people  are  not  only  neither  per- 
fectly wise  nor  perfectly  good,  but  that  some  of  them 
either  unintentionally,  carelessly,  or  deliberately  vio- 
late the  law  from  time  to  time,  and  thus  render  them- 

95 


96  Government  of  Maine 

selves  liable  to  penalties  for  wrong-doing,  while  others, 
though  wishing  to  observe  the  law,  are  in  doubt  as  to 
precisely  what  this  or  that  provision  of  law  means. 
Hence  it  comes  about  that  the  judicial  department, 
while  the  equal  in  independence  of  either  of  the  other 
two,  is  in  some  respects  more  important  for  the  citizen 
than  either  of  them,  since  upon  it  devolves  the  duty  of 
preserving  order  and  punishing  law-breaking  in  every 
part  of  the  State,  and  thereby  of  securing  to  every 
person,  whether  man,  woman,  or  child,  all  his  or  her 
just  rights  and  privileges. 

Law.  When  we  speak  of  the  rights  and  duties  of  a  citizen, 

we  mean  the  privileges  and  obligations  which  the 
whole  people  of  the  State,  in  their  capacity  as  an 
organized  government,  accord  to  or  lay  upon  the 
individual.  The  formal  statement  of  such  privileges 
and  obligations  we  call  the  law.  Law,  accordingly, 
is  the  expression  of  the  will  of  the  people,  acting 
through  their  representatives,  in  regard  to  particular 
matters  at  particular  times.  In  its  attempt  to  regu- 
late the  affairs  of  the  community  for  the  best  inter- 
ests of  all  concerned,  the  law  in  modern  civilized 
countries  aims  to  be  just  and  equal  in  its  operation, 
but  law  is  not  the  same  thing  as  abstract  or  theoret- 
ical justice  or  equality,  and  may  even  be  at  times  or 
under  particular  circumstances  unjust  or  unequal  in 
its  effect.  Moreover,  the  people  may  change  their 
minds  about  matters  of  social  conduct,  in  which  case 
they  are  likely  sooner  or  later  to  change  their  laws 
to  agree  with  the  new  opinion.  At  any  given  time, 
however,  the  law  of  the  State  or  country  in  which  we 
live  represents  the  decision  of  the  people  as  to  the 
things  which  it  wishes  us  to  do  or  to  refrain  from  doing. 


The  Administration  of  Justice  97 

In  an  American  State  there  is  more  than  one  kind  Kinds  of 
of  law.  All  of  the  States  except  Louisiana  have  law' 
inherited,  directly  or  indirectly,  the  English  common 
law.  The  common  law  of  England  is  not  a  formal 
code  or  precisely  stated  body  of  rules,  but  a  mass  of 
legal  principles,  customs,  decisions,  definitions,  and 
the  like,  many  of  them  handed  down  through  many 
centuries,  which  together  form  a  more  or  less  orderly 
body  of  legal  doctrine  on  which  the  English  system 
of  law  rests.  Some  of  these  common  law  principles 
have  been  from  time  to  time  embodied  in  great  acts 
of  Parliament.  Some  are  drawn  from  decisions  of 
the  courts.  Some  represent  legal  usages  of  very 
ancient  origin.  Because  the  common  law  has  never 
been  reduced  to  a  definite  body  of  formal  statements, 
it  is  often  spoken  of  as  the  unwritten  law ;  in  Euro- 
pean countries  other  than  England  the  phrase  is  cus- 
tomary law.  To  this  common  law,  which  forms  the 
basis  of  the  law  of  the  State,  is  added  statute  law, 
comprising  the  acts  passed  from  time  to  time  by  the 
legislature  in  addition  to  or  in  modification  of  the 
common  law.  Statute  law  is  sometimes  spoken  of  as 
the  written  law.  Besides  common  and  statute  law 
we  have  also  the  State  constitution,  which  is  a  great 
legislative  enactment  of  the  people  rather  than  of  the 
legislature,  limiting  and  restraining  the  powers  of 
every  department  of  the  government.1  Finally,  we 
have  the  law  of  the  United  States,  or  Federal  law, 
which  operates  in  every  State  and  has  often  to  be 
considered  by  the  courts.  With  Federal  law  we  have 
in  this  book  hardly  anything  to  do. 

1"The  enumeration  of  certain  rights  shall  not  impair  nor  deny 
others  retained  by  the  people."  —  Constitution  of Maine ',  Art.  I.,  Sec.  24. 
H 


98  Government  of  Maine 

Civil  and  The  whole  body  of  law  drawn  from  these  various 

criminal  law.  .  •,      -,.    .  ,     ,  .    .     ^  , 

sources  is  commonly  divided  into  the  two  great  classes 
of  civil  law  and  criminal  law.  Civil  law  deals  with 
cases  affecting  the  rights  and  duties  of  individuals, 
but  in  which  the  State  is  not  aggrieved  at  the  miscon- 
duct of  one  of  the  parties.  Thus,  a  man  who  fails  to 
pay  his  debts  may  be  sued  by  his  creditor  and  com- 
pelled to  pay,  but  no  suit  will  be  brought  unless  the 
creditor  brings  it,  for  the  reason  that  if  the  creditor 
does  not  insist  on  the  payment  of  the  debt,  there  is 
no  reason  why  the  State  should  interfere  to  compel 
him  to  receive  it.  In  a  civil  suit,  or  action,  the  per- 
son suing  is  called  the  "plaintiff,"  and  the  person 
who  is  sued,  the  "defendant,"  both  together  being 
called  the  "  parties  "  to  the  action.  Criminal  law,  on 
the  other  hand,  deals  with  offences  in  which  the  State, 
as  the  guardian  of  the  welfare  of  the  community,  has 
an  interest  in  addition  to  the  interest  of  the  person 
who  suffers.  When  a  man  creates  a  disturbance  in  a 
public  place,  as  by  striking  or  ill-treating  others,  his 
offence  is  first  of  all  against  the  community,  whose 
good  order  he  has  violated,  and  it  is  the  community, 
therefore,  that  undertakes  to  see  that  he  is  punished. 
Such  offences  are  known  as  crimes  or  misdemean- 
ors, and  the  action  in  court  against  them  is  called  a 
prosecution. 

43.    RIGHTS  AND  DUTIES 

Since  the  protection  of  rights  and  the  enforcement 
of  obligations  is  the  business  of  the  judicial  depart- 
ment of  the  State,  we  may  next  inquire  as  to  the  na- 
ture of  these  rights  and  duties.  A  full  answer  to  the 
question  would,  of  course,  necessitate  a  minute  exam- 


The  Administration  of  Justice  99 

ination  of  the  constitution  and  laws  of  the  State,  but 
some  of  the  most  important  general  points  can  here 
be  stated. 

With  regard  to  the  person  of  the  individual,  the  law  individual 
undertakes  to  protect  the  life  of  every  individual  nghts< 
within  its  jurisdiction,  and  to  punish  those  who  en- 
danger or  attack  any  one's  person.  While  every 
individual,  under  circumstances  of  extraordinary 
danger,  may  protect  himself  and  those  under  his 
charge  from  assault,  even  to  the  extent  of  taking  the 
life  of  the  assailant  if  necessary,  the  duty  of  protect- 
ing one's  person  under  ordinary  circumstances  is 
assumed  by  the  State.  Nothing  but  anarchy  would 
result  if  every  one  were  left  to  protect  himself  and 
his  family  in  his  own  way,  or  to  enforce  in  his  own 
fashion  what  he  believed  to  be  his  rights.  Where  an 
injury  is  inflicted  upon  a  person  with  evil  intent,  the 
act  is  criminal,  and  as  such  is  punished  by  the  State 
as  an  offence  against  the  community.  Where  the 
injury  is  unintentional,  or  arises  from  the  wrongful 
negligence  of  others,  the  injured  party  is  entitled  to 
compensation,  or  "  damages,"  for  the  injury  suffered. 
In  most  States  the  crime  of  murder  is  punishable  by 
death,  the  State  thus  asserting  its  right  to  take  away 
the  life  of  the  individual  in  cases  of  heinous  crime, 
but  in  Maine  capital  punishment,  as  it  is  called,  is  no 
longer  inflicted.1 

In  the  family  relation,  while  the  mother  and  chil- 
dren are  in  some  respects  subject  to  the  will  of  the 
father,  they  are  entitled  to  support  from  him,  and  to 
a  share  of  his  property  after  his  death,  while  he  in 

1  The  extreme  penalty  for  capital  crimes  is  now  imprisonment  for 
life  (Public  Laws,  f88j,  Chap.  133). 


IOO 


Government  of  Maine 


Freedom  of 
action. 


Rights  of 
property. 


turn  is  responsible  for  their  debts  and  must  refrain 
from  ill-treating  them.  Towns  and  cities  must  care 
for  paupers  settled  within  their  limits,  and  protect 
the  community  against  sickness,  accident,  or  death 
by  reason  of  dangerous  occupations,  infectious  or  con- 
tagious diseases,  defects  in  roads  and  bridges,  etc. 
The  lives  of  children  are  protected  equally  with  those 
of  their  parents  or  guardians,  and  the  lives  of  the  in- 
sane, the  feeble-minded,  the  blind,  and  the  deaf  and 
dumb  equally  with  the  lives  of  their  more  fortunate 
fellows  whose  faculties  are  unimpaired. 

The  individual  is  also  guaranteed  a  large  degree  of 
freedom  of  personal  movement  or  action.  In  general, 
he  may  fix  his  residence  or  place  of  business  where- 
ever  he  pleases,  and  move  freely  about  the  country  at 
his  discretion.  He  may  also  choose  his  occupation, 
provided  it  be  not  one  which  is  prohibited,  like  the 
manufacture  or  sale  of  intoxicating  liquors,  and  pro- 
vided also  that  he  has  the  qualifications  which  the 
State  in  some  cases,  such  as  those  of  doctors,  lawyers, 
pharmacists,  and  dentists,  insists  upon  in  the  inter- 
est of  the  community.  But  he  must  pay  any  special 
fee  or  tax  imposed  upon  his  particular  business  by 
the  State  or  town,  must  build  and  equip  his  mill  or 
railroad  in  conformity  with  law,  and  if  his  business  is 
dangerous  or  offensive,  may  be  required  to  locate  it 
in  a  particular  part  of  the  town  or  city  or  carry  it  on 
under  special  restrictions.1 

A  most  important  class  of  rights  are  those  con- 
nected with  property.  Property  is  anything  which  a 
person  may  legally  appropriate  to  his  own  use  or 

1  Buildings  or  other  structures  may,  in  certain  cases,  be  abated  as 
"nuisances." 


The  Administration  of  Justice  101 

profit.  An  individual  may  hold  property  himself, 
enjoying  full  powers  of  control  over  its  use  and  dis- 
position, or  he  may  hold  it  jointly  with  others  ;  in  the 
former  case  he  is  a  private  or  sole  proprietor,  in  the 
latter  usually  a  member  of  a  corporation  or  partner- 
ship. Land  and  buildings  are  classed  as  "  real  "  prop- 
erty ;  animals,  furniture,  stock  in  trade,  and  movable 
articles  in  general  as  "personal"  property.  The  two 
kinds  of  property  are  governed  by  different  laws, 
based  upon  their  essential  difference  of  nature. 

When  a  person  holds  real  property  without  restric-  Tenure  of 
tion  as  to  its  use  or  disposition,  he  is  said  to  hold  it  Pr°Perty- 
in  "  fee  simple."     He  may  not,  however,  have  unre- 
stricted possession  of  it  or  own  the  whole  of  it.     For 
example,  he  may  be  entitled  to  the  use  of  it  only 
while  he  lives,  but  without  the  right  of  transmitting  it 
to  others  at  his  death.     Property  is  often  held  subject 
to  a  mortgage,  in  which  case  the  mortgagor  and  the 
mortgagee  both  have  what  is  known  as  an  "  interest " 
in  it. 

Property  may  be  acquired  by  purchase,  or  by  gift,  Transfer  of 
or  by  inheritance.  The  State  does  not  attempt  to  fix  Pr°Perty- 
the  value  of  property  for  purposes  of  sale  or  trans- 
fer, but  it  does  regulate  minutely  by  law  its  passage 
from  one  owner  to  another.  For  example,  in  the  case 
of  a  transfer  of  land  it  insists  upon  a  deed,  while  in 
the  case  of  a  transfer  of  personal  property  a  receipt 
or  bill  of  sale  is  necessary  in  order  to  prove  owner- 
ship. Property  is  supposed  to  be  sold  "for  value 
received,"  it  being  a  legal  maxim  that  "a  contract 
without  consideration  is  void,"  but  the  legal  consider- 
ation may  be  only  nominal.  The  law  is  also  precise 
in  defining  the  conditions  under  which  property  may 


102 


Government  of  Maine 


Personal 
property. 


Contracts. 


Power  to 
make  con- 
tracts. 


be  inherited  or  transferred  by  will,  as  also  regarding 
its  disposition  where  the  owner  dies  "intestate,"  that 
is,  without  leaving  a  will. 

Personal  property  includes  not  only  things  which 
have  intrinsic  value,  like  books,  machinery,  or  farm 
animals,  but  also  things  which,  though  of  no  appre- 
ciable value  in  themselves,  are  legal  evidence  of  prop- 
erty. Deeds,  mortgages,  notes,  stocks,  bonds,  receipts, 
and  similar  papers  belong  to  this  latter  class.  Quite  the 
largest  portion  of  the  personal  property  of  the  State 
is  represented  by  these  paper  evidences  of  ownership. 

The  State  further  extends  its  protection  to  con- 
tracts or  agreements  made  between  individuals,  pro- 
vided they  are  made  in  the  way  the  law  directs. 
Hardly  any  business  transaction  but  involves  a  prom- 
ise or  obligation  on  the  one  side,  and  the  right  to 
receive  the  thing  promised  or  agreed  on  the  other. 
So  vital  is  it  to  the  prosperity  of  the  community  that 
promises  shall  be  kept,  that  both  the  Constitution  of 
the  United  States  1  and  the  constitution  of  the  State  2 
expressly  declare  that  no  law  shall  be  passed  impair- 
ing the  obligation  of  contracts. 

Every  adult  person  of  sound  mind  may,  in  general, 
make  a  contract  with  others,  so  long  as  the  contract 
is  not  immoral  in  its  nature  or  forbidden  by  law.  But 
husbands  and  wives  in  some  cases  cannot  make  law- 
ful contracts  independently  of  each  other,  nor  is  an 
agreement  valid  if  made  under  compulsion.  The  law 
is  very  detailed  in  its  explanation  of  the  different  kinds 
of  contracts  and  the  obligations  of  the  parties  to  them, 
and  frequently  requires  them  to  be  certified  to  before 
designated  officials,  such  as  notaries  public,  or  attested 

1  Article  L,  Sec.  10.  2  Article  I.,  Sec.  u. 


The  Administration  of  Justice  103 

by  impartial  witnesses.     Legal  actions  for  breach  of 
a  contract  are  civil  in  their  nature. 

The  State  further  undertakes  to  protect  the  indi-  Protection  to 
vidual  against  injury  to  his  reputation  or  good  name, 
and  also  against  annoyance  or  malicious  interference 
from  others.  A  man's  reputation  for  honesty  or 
ability  has  a  great  deal  to  do  with  his  success  in  his 
business  or  profession,  and  is  not  to  be  assailed  by 
the  circulation  of  false  reports  about  him,  nor  yet  by 
the  unnecessary  publication  of  the  truth  concerning 
his  affairs.  The  same  right  of  privacy  extends  also  to 
papers,  accounts,  letters,  and  the  like.  The  truth  of 
a  statement,  therefore,  is  not  always  a  sufficient  legal 
justification  for  its  publication ;  the  statement  must 
also  be  made  without  malice  and  under  proper  cir- 
cumstances. An  exception  to  this  general  rule,  how- 
ever, is  made  in  the  case  of  candidates  for  public 
office.  Any  one  who  offers  himself  as  a  candidate 
for  a  public  office  is  assumed  to  put  in  question  his 
fitness  for  the  position,  and  anything  which  tends  to 
show  that  he  is  unfit  may  be  freely  published,  so  long 
as  the  publication  does  not  take  the  form  of  personal 
slander  or  abuse. 

In  all  of  these  respects  that  have  been  mentioned,  Commensu- 
the  duties  of  the  citizen  are  commensurate  with  his  r 
privileges.     The  rights  which  the  law  guarantees  to 
one   individual  it  is  his  duty  to  refrain  from    deny- 
ing to  his  neighbor.     The  rights  of  one  are  the  rights 
of  all ;  the  duties  of  one  are  the  duties  of  all.    Liberty, 
in  other  words,  is  not  absolute  liberty  or  license,  but 
freedom  under  the  law  to  do  whatever  may  be  done 
without   impairing  the   same   freedom   of   action   in 
others. 


IO4 


Government  of  Maine 


Religious 
freedom. 


Assembly 
and  petition. 


Freedom  of 
the  press. 


Search  and 
seizure. 


44.    CONSTITUTIONAL  GUARANTEES 

Most  of  the  rights  and  duties  mentioned  in  the  pre- 
ceding section  are  to  be  found  in  the  common  or 
statute  law  of  the  State.  Certain  other  privileges 
and  obligations  have  come  to  be  looked  upon  as  of 
such  fundamental  importance  that  the  people  have 
chosen  to  embody  them  in  the  declaration  of  rights 
in  the  State  constitution.  The  most  important  of 
these  constitutional  guarantees  may  now  be  stated.1 

The  constitution  guarantees  to  all  men  the  right  to 
worship  God  according  to  the  dictates  of  their  own 
consciences,  puts  all  religious  sects  on  an  equality  be- 
fore the  law,  and  prohibits  any  religious  test  as  a 
qualification  for  public  office;  but  religious  observ- 
ances must  be  so  conducted  as  not  to  disturb  the  pub- 
lic peace  or  the  rights  of  others,  and  without  practices 
which  are  immoral  or  illegal.  While  there  is  no  estab- 
lished church  or  State  religion,  the  courts  recognize 
Christianity  as  the  prevailing  religion  of  the  country. 

The  people  have  a  right  at  all  times  to  assemble  in 
a  peaceable  and  orderly  manner,  and  to  petition  any 
branch  of  the  government  for  a  redress  of  grievances. 
Every  citizen  may  freely  express  his  opinion  on  any 
subject,  laws  regulating  or  restraining  the  freedom  of 
the  press  being  expressly  forbidden ;  but  the  author 
or  publisher  is,  of  course,  liable  for  the  issuance  of 
libellous  or  scandalous  matter. 

The  persons,  houses,  papers,  and  possessions  of  the 
people  are  secured  against  unreasonable  searches  and 
seizures.  Search  warrants  may  be  issued  only  on 


1  These  general  guarantees  are  stated  at  length  in  Article  I.  of  the 
constitution. 


The  Administration  of  Justice  105 

probable  cause,  supported  by  oath  or  affirmation,  and 
must  particularly  describe  the  place  to  be  searched 
and  the  thing  to  be  searched  for.1     Every  citizen  has  Arms, 
a  right  to  keep  and  bear  arms  for  the  common  defence, 
but  this  does  not  include  the  right  to  carry  concealed 
weapons,  or  such  as  are  primarily  designed  for  per- 
sonal encounters.    A  standing  army  may  not  be  kept  standing 
up  in  time  of  peace  without  the  consent  of  the  legis-  army* 
lature,  nor  may  soldiers  in  time  of  peace  be  quartered 
in  any  house  without  the  consent  of   the  owner  or 
occupant.      Private  property  may  not  be  taken  for 
public  use  without  just  compensation,  nor  unless  the 
public  need  requires  it.2     No  tax  may  be  laid  on  the  Taxation, 
people  without  their  consent,  given  directly  or  through 
their  representatives  in  the  legislature,  and  only  the 
legislature  may  suspend  the  operation  of  a  law. 

In  all  of  these  cases  the  guarantee  is  extended  to  the 
people  as  against  their  government  rather  than  against 
each  other.  The  infringement  of  these  constitutional 
guarantees,  however,  is  taken  notice  of  by  the  courts 
as  much  as  is  the  violation  of  a  statute,  the  judicial 
department  of  the  central  government  having  author- 
ity to  sit  in  judgment  on  the  acts  of  the  executive 
and  legislative  departments  as  much  as  upon  those  of 
individuals. 

45.  THE  COURTS 

In  order  that  the  laws  may  be  authoritatively  in-  Courts  and 
terpreted  and  systematically  enforced,  and  the  rights 
of  the  citizen  at  all  times  effectually  and  impartially 

1  "  General  warrants,"  in  which  these  particulars  are  lacking,  are 
illegal  in  both  this  country  and  Great  Britain. 

2  The  right  to  take  private  property  for  public  use  is  known  as  the 
right  of  "  eminent  domain." 


io6  Government  of  Maine 

safeguarded,  a  system  of  courts  is  created,  each  with 
its  judges  and  other  necessary  officers.  The  constitu- 
tion of  the  State  vests  the  judicial  power  in  "  a  supreme 
judicial  court,  and  such  other  courts  as  the  legisla- 
ture shall  from  time  to  time  establish." 1  The  su- 
preme judicial  court  is  thus  the  only  court  directly 
provided  for  in  the  constitution,  all  others  being  cre- 
ated by  the  legislature  from  time  to  time  as  circum- 
stances may  make  necessary  or  expedient.2  The 
powers  of  all  the  courts,  and  the  classes  of  cases  that 
shall  be  allowed  to  be  brought  before  each,  are  also 
subject  to  legislative  determination;  and  since  the 
legislature  has  full  authority  in  these  respects,  courts 
(except  the  supreme  court)  may  be  abolished,  or  their 
organization  and  jurisdiction  changed  at  any  time. 

The  main  outlines  of  the  judicial  system  have 
already  been  given  in  the  chapter  on  the  central 
government.  A  few  points  of  general  importance 
may  more  properly  be  treated  here. 

jurisdiction.  The  most  important  question  which  comes  before  a 
court,  and  the  one  which  it  must  always  consider, 
directly  or  indirectly,  at  the  outset,  is  the  question  of 
jurisdiction.  Jurisdiction,  in  its  legal  use,  means  the 
right  of  a  court  to  consider  or  try  a  case.  Jurisdiction 
may  be  either  original  or  appellate,  exclusive  or  con- 
current. Original  jurisdiction  is  the  right  to  try  the 
case  in  the  first  instance ;  appellate  jurisdiction,  the 
right  to  try  a  case  appealed  to  it  from  another, 
usually  a  lower,  court ;  exclusive  jurisdiction,  the  sole 
right  to  try  the  case;  and  concurrent  jurisdiction, 
the  right  of  two  or  more  courts  to  try  the  same  case. 

1  Constitution  of  Maine,  Art.  VI.,  Sec.  I. 

2  The  number  of  members  of  the  supreme  court  is  fixed  by  statute. 


The  Administration  of  Justice  .    107 

Jurisdiction  is  further  classified  as  common  law 
jurisdiction,  the  right  to  try  offences  recognized  by 
the  common  law,  as  distinct  from  those  recognized 
by  statute  only ;  civil  jurisdiction,  the  right  to  try 
civil  cases;  criminal  jurisdiction,  the  right  to  try 
criminal  cases ;  and  jurisdiction  to  consider  questions 
of  law  as  distinguished  from  questions  of  fact. 

The  jurisdiction  of  a  court  is  determined  by  statute, 
the  boundaries  of  the  legal  territory  which  each  may 
occupy  being  carefully  drawn.  Thus,  for  example, 
the  superior  courts  of  Cumberland  and  Kennebec 
counties  have  exclusive  criminal  jurisdiction  in  their 
respective  counties,  the  supreme  judicial  court  hav- 
ing in  those  counties  civil  jurisdiction  only,  while  in 
all  the  other  counties  the  latter  court  considers  both 
civil  and  criminal  cases.  Trial  justices  and  justices 
of  the  peace  and  quorum  have  jurisdiction  of  civil 
actions  when  the  debt  or  damages  demanded  do  not 
exceed  in  value  $20,  and  of  assaults  and  batteries, 
breaches  of  the  peace,  violation  of  town  by-laws,  and 
a  variety  of  minor  offences  and  misdemeanors.  Munic- 
ipal courts  in  cities  and  towns,  being  established  by 
special  act  of  the  legislature  in  each  case,  have  their 
special  jurisdiction  carefully  defined  in  addition  to 
any  powers  they  may  enjoy  under  the  general  laws 
of  the  State. 

In  regulating  the  jurisdiction  and  procedure  of  the 
various  classes  of  courts  the  legislature  has  regard, 
not  only'to  the  rights  and  interests  of  the  people  and 
the  community,  but  also  to  the  different  degrees  of  im- 
portance which  the  various  kinds  of  cases  commonly 
present.  While  questions  of  the  utmost  seriousness 
—  such,  for  example,  as  the  constitutionality  of  a 


io8  Government  of  Maine 

statute  —  may  arise  in  a  court  of  any  grade,  it  is 
proper  that  such  questions  should  be  finally  consid- 
ered and  determined  only  in  the  higher  courts,  and 
provision  is  accordingly  made  for  the  appeal  of  such 
cases  from  the  lower  courts  in  which  they  may  arise. 
Municipal  and  police  courts  are  mainly  occupied  with 
minor  criminal  cases,  such  as  assaults  or  breaches  of 
the  peace,  and  in  practice  few  such  cases  are  carried 
to  the  higher  courts,  though  the  right  of  appeal  is 
carefully  preserved  for  any  who  care  to  avail  them- 
selves of  it.  As  no  great  knowledge  of  law  is  com- 
monly thought  necessary  for  the  proper  decision  of 
such  cases,  the  judges  of  municipal  courts  are  often 
men  without  special  legal  training  ;  but  the  judges  of 
the  higher  courts  are  always  lawyers. 

46.    CIVIL  PROCEDURE 

Wrongs.  In  making  a  difference  between   civil   cases  and 

criminal  cases  the  law  distinguishes  between  what  are 
otherwise  called  private  wrongs  and  public  wrongs, 
between  unlawful  acts  which  inflict  injury  upon  the 
individual  and  those  which  the  State  regards  as  in- 
jurious to  itself.  Both  classes  of  wrongs  are  equally 
within  the  judicial  cognizance  of  the  State,  but  the 
procedure  in  the  two  classes  of  cases  is  different.  To 
afford  a  basis  for  a  civil  suit,  the  act  complained  of 
must  be  not  only  illegal,  but  also  injurious  to  the 
person  who  suffers  it.  Since,  however,  the  matter 
primarily  concerns  the  individuals  involved  rather 
than  the  community,  the  aggrieved  party  is  left  to 
bring  action  in  the  courts  himself. 


The  Administration  of  Justice  109 

The  parties  to  a  civil  action,  or  "  suit,"  are  called  Parties, 
respectively  the  plaintiff  and  the  defendant.  The 
plaintiff  is  the  party  who  claims  to  have  suffered  the 
injury.  The  defendant  is  the  party  who  is  charged 
with  having  done  the  wrongful  act,  and  from  whom 
satisfaction  or  damages  are  sought.  Any  number  of 
persons,  if  similarly  situated  in  reference  to  the 
matter  in  controversy,  may  appear  jointly  as  plaintiffs 
or  defendants ;  a  corporation  may  sue  or  be  sued  ; 
and  parents  or  guardians  may  appear  in  behalf  of  the 
persons  under  their  care. 

As  the  object  of  a  civil  action  is  to  obtain  a  judicial  Pleadings, 
decision  on  the  precise  point  at  issue,  the  claims  of 
plaintiff  and  defendant  must  be  accurately  set  forth. 
A  civil  suit  is  begun  by  an  application  to  the  court, 
by  the  plaintiff  or  his  attorney,  setting  forth  in  writing 
the  facts  regarding  the  wrongful  act  complained  of 
and  the  legal  rights  claimed  by  the  plaintiff.  A 
"  writ "  is  then  issued,  directed  to  the  defendant, 
embodying  the  claims  of  the  plaintiff  and  summoning 
the  defendant  to  answer  or  justify  himself.  This 
writ  is  made  "  returnable  "  at  some  future  date,  and 
is  "  served  "  on  the  defendant  by  the  sheriff  or  some 
other  officer  of  the  court.  When  the  court  is  ready 
to  try  the  case,  the  claims  of  the  parties  are  formally 
stated.  The  plaintiff  makes  his  "allegation"  or 
"complaint."  To  this  the  defendant  may  "answer," 
either  denying  the  facts  alleged  or  offering  other  facts 
or  counter  claims  in  justification  ;  or  he  may  "  demur  " 
by  denying  that  the  facts,  though  admitted,  make  him 
culpable.  The  plaintiff  may  "  reply  "  to  the  answer, 
alleging  other  facts  as  an  offset  to  the  counter  claim 
of  the  defendant,  or  he  may  "join  in  demurrer,"  in 


no  Government  of  Maine 

which  case  the  legal  claims  of  the  defendant's  de- 
murrer are  controverted.  This  process  of  assertion 
and  denial,  modified  in  detail  by  the  particular  nature 
of  the  case,  continues  until  the  issues  are  exactly  and 
fully  presented. 

The  court  tries  the  case  as  presented  in  the  plead- 
ings. The  trial  may,  with  the  consent  of  both  parties, 
be  before  the  judge  alone,  otherwise  before  a  jury. 
There  are  two  kinds  of  jury,  the  traverse  jury  and  the 
grand  jury.  The  functions  of  the  grand  jury  will  be 
explained  in  the  following  section.  The  traverse  jury 
consists  of  twelve  men,  chosen  by  lot  from  lists 
prepared  once  in  three  years  by  municipal  officers.1 
It  is  the  business  of  the  jury  to  hear  the  evidence 
submitted  at  the  trial,  and  to  render  a  decision  for  the 
plaintiff  or  the  defendant.  In  order  that  the  members 
of  the  jury  may  not  be  personally  objectionable  to 
either  party,  each  side  is  allowed  to  "  challenge  "  such 
as  they  object  to,  and  to  have  others  designated  in 
their  place.2  When  the  evidence  has  all  been  sub- 
mitted, the  attorneys  for  the  plaintiff  and  defendant 
usually  review  the  case  and  present  the  arguments 
for  their  respective  sides.  The  judge  then  "  charges  " 
the  jury,  instructing  them  in  regard  to  the  law,  and 
pointing  out  the  relative  importance  of  the  statements 
offered  in  evidence.  The  conclusion  of  the  jury  is 

1  Each  county  is  divided  by  the  county  commissioners  into  a  number 
of  jury  districts  of  approximately  equal  population,  and  grand  and 
traverse  jurors  are  drawn  so  as  to  represent  all  parts  of  the  county. 
The  number  of  traverse  jurors  drawn  for  a  term  of  court  is  sufficient 
to  form  two  or  more  juries  of  twelve,  in  order  that  other  cases  may  be 
heard  while  one  jury  is  deliberating. 

2  But  the  number  of  "  peremptory  "  challenges,  that  is,  challenges 
for  which  no  reason  need  be  given,  is  limited. 


The  Administration  of  Justice  in 

embodied  in  a  "verdict."  If  the  verdict  awards 
"  damages "  to  the  plaintiff,  the  amount  involved 
must  be  paid  within  a  specified  time ;  otherwise  an 
"execution,"  or  order  of  the  court,  is  issued  to  the 
sheriff  or  some  other  officer,  empowering  him  to  seize 
upon  the  property  of  the  defendant  and  "  satisfy  " 
the  "judgment."  Certain  classes  of  property,  chiefly 
necessaries  of  life,  are  by  law  exempted  from  seizure 
on  execution. 

Many  civil  cases  are  tried  before  a  judge  alone, 
without  the  intervention  of  a  jury.  The  supreme 
judicial  court,  sitting  as  a  law  court,  also  acts  without 
a  jury.  In  such  cases  the  opinion  of  the  court  is 
embodied  in  a  "  decision." 

A  civil  suit  is  not  always  settled  at  a  first  trial. 
If  the  verdict  of  the  jury  is  contrary  to  the  law  or  the 
evidence,  the  judge  may  set  it  aside  and  order  a  new 
trial.  A  new  trial  must  also  be  had  if  the  jury 
disagree,  unless  the  parties  agree  to  discontinue  pro- 
ceedings. The  attorney  for  the  losing  party  may 
take  "  exceptions "  to  points  in  the  decision,  and  a 
new  trial  be  granted.  Where  either  party  is  dissat- 
isfied with  the  decision,  an  "  appeal "  may  commonly 
be  taken  to  a  higher  court,  the  supreme  judicial  court 
sitting  as  a  law  court  being  the  "  court  of  last  resort " 
for  the  State. 

47.   CRIMINAL  PROCEDURE 

When  a  wrongful  act  is  of  such  a  nature  that  it  Crime, 
affects  injuriously  the  whole  community,  irrespective 
of  the  injury  it  may  inflict  upon  any  individual,  the 
law  classes  it  as  a  crime.     In  criminal  proceedings 


112  Government  of  Maine 

the  State,  through  its  duly  appointed  agents,  appears 
as  the  prosecutor  of  the  criminal.  To  make  an  act 
a  crime,  it  must  not  only  be  a  violation  of  some  pro- 
vision of  law,  but  must  also  exhibit  a  criminal  intent 
—  that  is,  it  must  be  done  under  circumstances  which, 
given  ordinary  intelligence,  make  it  reasonably  clear 
that  the  person  who  committed  the  act  knew  that 
it  would,  and  therefore  intended  that  it  should,  pro- 
duce the  unlawful  result.1  To  commit  a  crime,  accord- 
ingly, a  person  must  be  mentally  responsible ;  hence, 
insane  or  feeble-minded  persons  and  young  children 
are  not  regarded  by  the  law  as  capable  of  commit- 
ting crimes.  But  a  person  rendered  temporarily 
irresponsible  by  some  voluntary  act  of  his  own,  as, 
for  instance,  an  intoxicated  person,  is  criminally 
liable.  A  wrongful  act  which  is  punishable  by  im- 
prisonment in  the  State  prison  is  known  as  a  felony ; 
other  wrongful  acts  are  known  as  crimes,  offences, 
or  misdemeanors.  If  a  person  has  been  the  leader  in 
committing  an  offence  he  is  called  the  "principal"; 
those  who  have  assisted  him  are  called  "accessories." 
The  law  punishes  both  the  principal  and  those  who 
aid  him. 

The  first  step  in  criminal  proceedings  is  usually  to 
"arrest"  the  alleged  offender.  Any  sheriff,  police 
officer,  or  constable  may  arrest  a  person  whom  he  sees 
violating  the  law,  and  arrests  may  sometimes  be  made 
on  suspicion;  otherwise,  the  arresting  officer  must 
first  procure  from  a  court  a  "warrant,"  setting  forth 
the  name  of  the  offender,  if  known,  and  the  offence 

1  "  Intent "  is  determined  by  the  circumstances  of  the  case.  It 
would,  of  course,  be  impossible  to  ascertain  precisely  what  were  the 
thoughts  of  a  person  at  a  particular  time. 


The  Administration  of  Justice  113 

which  he  is  alleged  to  have  committed.  If  an  officer 
is  physically  unable  to  make  an  arrest  himself,  he 
may  call  upon  bystanders  to  assist  him.  Further, 
any  citizen  may  arrest  a  person  whom  he  finds  com- 
mitting a  crime,  but  he  must  at  once  deliver  the 
offender  to  an  officer.  When  an  offender  flees  into 
another  State,  he  may  be  returned  on  the  request  of 
the  governor  of  the  State  from  which  he  fled,  this 
process  being  known  as  "extradition." 

A  person  arrested  on  a  criminal  charge  is  entitled  Hearing, 
to  an  early  hearing  before  a  court  having  jurisdic- 
tion of  the  offence.  If  the  offence  is  of  a  minor 
sort,  such  as  those  which  ordinarily  come  before 
police  and  municipal  courts,  the  trial  usually  pro- 
ceeds at  once,  and  the  case  may  be  disposed  of  by 
the  imposition  of  a  fine  or  a  short  term  of  imprison- 
ment. In  more  important  cases  the  prisoner  is  given 
a  hearing,  or  preliminary  examination,  before  the 
judge,  who  may,  if  he  sees  fit,  summon  witnesses 
to  testify.  If  the  preliminary  examination  does  not 
show  "probable  cause,"  —  that  is,  a  sufficient  pre- 
sumption of  guilt  to  warrant  a  trial,  —  the  prisoner 
is  discharged.  If  probable  cause  appear,  then  the 
accused  is  either  committed  to  jail  to  await  trial 
before  the  proper  court,  or  else  is  released  on 
"bail."  Bail  is  a  money  security,  given  by  some  Bail, 
person  on  behalf  of  the  prisoner,  as  a  pledge 
that  the  accused  person  will  present  himself  at  the 
proper  time  for  trial,  the  amount  being  forfeited 
to  the  State  in  case  the  accused  does  not  appear. 
The  constitution  forbids  the  requirement  of  exces- 
sive bail,  that  is,  an  amount  greater  than  is  probably 
necessary  to  secure  the  appearance  of  the  accused 
i 


Government  of  Maine 


Habeas 
corpus. 


Prosecution. 


person.1  Persons  of  good  standing  in  the  community 
are  sometimes  released  on  their  own  "recognizance," 
or  promise  to  appear.  A  person  committed  to  jail 
to  await  trial  may,  if  there  is  reason  to  question 
the  legality  of  the  proceedings,  have  the  cause  of 
his  detention  inquired  into  by  a  higher  court  on  a 
"writ  of  habeas  corpus."  A  writ  of  habeas  corpus 
is  directed  to  the  jailor  or  other  custodian  of  the 
prisoner,  directing  him  to  bring  the  prisoner  into 
court  and  show  why  he  detains  him.  If,  upon  an 
examination  of  the  facts  and  proceedings,  the  court 
concludes  that  the  grounds  of  detention  are  in- 
sufficient, the  prisoner  is  discharged;  otherwise  he 
is  remanded  to  await  trial. 

The  prosecution  of  an  offender  before  the  supreme 
judicial  court,  or  the  superior  courts  of  Cumberland 
and  Kennebec  counties,  is  conducted  by  the  county 
attorney  in  the  name  of  the  State.  Prosecution  is 
generally  based  on  an  "indictment"  or  "true  bill" 
found  by  the  grand  jury.  The  names  of  persons 
charged  with,  or  suspected  of  having  committed, 
offences  are  submitted  to  the  grand  jury  by  the 
county  attorney.  The  grand  jury  does  not  itself' 
listen  to  the  trial  of  cases  and  render  verdicts,  as 
does  the  traverse  jury,  but  its  office  is  to  examine 
the  evidence  submitted  to  it  by  the  county  attorney 
and  decide  whether  the  presumption  of  guilt  is  suffi- 
cient to  warrant  a  trial  of  the  case.  In  the  conduct 


1  "  That  bail  is  reasonable  which,  in  view  of  the  nature  of  the 
offence,  the  penalty  which  the  law  attaches  to  it,  and  the  probabilities 
that  guilt  will  be  established  on  the  trial,  seems  no  more  than  sufficient 
to  secure  the  party's  attendance "  (Cooley,  Constitutional  Limita- 
tions, 310).  Capital  offences,  so  called,  are  not  bailable. 


The  Administration  of  Justice  115 

of   its  investigations   the   grand   jury  may  summon 
witnesses  and  examine  them  under  oath.1 

When  an  alleged  offender  is  "arraigned,"  or  put  Trial, 
upon  trial,  the  indictment  or  charge  is  read  to  him, 
and  he  is  required  to  "  plead  "  guilty  or  not  guilty. 
If  the  accused  pleads  guilty,  he  is  usually  sentenced 
without  further  proceedings.  The  plea  of  not  guilty 
is  equivalent  to  a  legal  request  to  be  tried.2  The 
trial  is  before  a  jury,  and  the  accused  is  always  to  be 
allowed  the  services  of  an  attorney,  counsel  being 
furnished  at  the  expense  of  the  State  if  he  is  unable 
to  pay  for  it  himself.  Every  person  is  assumed  to 
be  innocent  until  proved  guilty,  consequently  all  the 
material  facts  adduced  in  support  of  the  charge 
must  be  proved  in  order  to  secure  a  conviction.  The 
arguments  of  counsel  follow  the  submission  of  the 
evidence,  as  in  a  civil  action.  The  judge  then  charges 
the  jury,  being  bound  to  refrain  from  expressing  any 
opinion  of  his  own  as  to  the  guilt  or  innocence  of  the 
accused.  The  case  is  then  given  to  the  jury,  who 
consider  it  in  secret  session,  and  return  a  verdict  of 
guilty  or  not  guilty,  as  the  case  may  be. 

If  the  verdict  is  one  of  guilty,  sentence  is  pro-  Verdict  and 
nounced  by  the  judge,  and  the  execution  of  the  sen-  sentence- 
tence  is  at  once  proceeded  with  by  the  proper  officers. 
If  the  accused  is  adjudged  innocent,  he  is  at  once 
discharged,   and  may  never  again  be  tried  for  the 
same  offence.     A  disagreement  of  the  jury,  however,   New  trial, 
is  occasion  for  a  new  trial,  and  a  new  trial  may  also 
be  granted  by  the  court,  if  the  verdict  is  against  the 
accused,  for  certain  causes,  such  as  the  discovery  of 

1  Persons  held  for  trial  and  not  indicted  are,  of  course,  discharged. 

2  A  plea  of  not  guilty  is  entered  if  the  accused  refuses  to  plead. 


n6 


Government  of  Maine 


Constitu- 
tional 
guarantees. 


Procedure 
and  justice. 


new  evidence,  irregularities  in  the  proceedings,  or  de- 
fects in  the  charge  to  the  jury.  Appeal  may  also 
be  taken  to  a  higher  court,  particularly  by  the  so- 
called  "writ  of  error,"  which  is  a  process  calling  for 
an  examination  by  a  higher  court  of  the  questions  of 
law,  as  distinguished  from  questions  of  fact,  involved 
in  the  case. 

The  whole  course  of  procedure,  in  both  civil  and 
criminal  cases,  is,  of  course,  minutely  regulated  by 
statute,  with  the  constant  object  of  securing  justice. 
There  are  also  important  guarantees  extended  to 
accused  persons  by  the  constitution  of  the  State. 
In  all  criminal  prosecutions,  the  accused  may  appear 
either  in  person  or  by  counsel.  He  is  to  be  con- 
fronted by  the  witnesses  against  him,  and  is  to  have 
compulsory  process  for  obtaining  witnesses  in  his 
favor.  He  cannot  be  compelled  to  give  evidence 
against  himself.1  No  person  for  the  same  offence 
may  be  "twice  put  in  jeopardy  of  life  or  limb."  Pen- 
alties and  punishments  must  be  proportioned  to  the 
offence,  excessive  fines2  and  cruel  or  unusual  punish- 
ments being  expressly  prohibited. 

The  statements  given  in  this  chapter  form,  natu- 
rally, only  a  general  outline  of  the  judicial  system  of 
the  State.  Each  class  of  offences  has,  of  course,  its 
own  particular  rules  of  procedure,  which  are  subject 
to  change  by  the  legislature  from  time  to  time.  A 
large  part  of  the  statutes  relate  to  the  definition  of 
offences  and  the  prescription  of  the  ways  in  which 
they  are  to  be  dealt  with.  Every  citizen,  therefore, 
who  has  occasion  to  invoke  the  judicial  power  of  the 

1  Refusal  to  testify  is  not  to  be  construed  against  him. 

2  Maximum  and  minimum  fines  are  often  fixed  by  statute. 


The  Administration  of  Justice  117 

State,  should  do  so  with  the  aid  of  a  duly  recognized 
attorney.1  It  should  not  be  forgotten,  however,  that 
the  object  of  law  is  to  bring  about  justice  through  the 
accurate  discrimination  of  right  from  wrong.  Rarely 
does  a  law  get  into  the  statute  book  whose  evident 
effect  is  to  produce  injustice.  Legal  proceedings,  it 
is  true,  are  not  always  speedy,  and  the  "  law's  delays  " 
sometimes  seem  to  favor  an  accused  person  of  whose 
guilt  there  is  no  reasonable  doubt,  but  even  here  it 
will  commonly  be  found  that  the  difficulty  arises  from 
a  technical  perversion  of  privileges  and  immunities  of 
which,  nevertheless,  no  individual  could  with  ultimate 
safety  to  the  community  be  deprived. 

1  It  is  to  protect  the  citizen  that  the  State  fixes  special  requirements 
for  admission  to  the  bar. 


CHAPTER   VIII 
EDUCATION 

48.    REFERENCES 

Besides  the  statutes,  the  principal  authorities  for  the  history  and 
administration  of  the  school  system  in  Maine  are  the  annual  reports 
of  the  State  superintendent  of  public  schools,  the  reports  of  school 
committees  and  superintendents  of  towns  and  cities,  and  the  catalogues 
and  other  publications  of  colleges,  normal  schools,  and  academies.  A 
pamphlet  containing  decisions  by  the  State  superintendent  on  ques- 
tions of  school  law  is  printed  from  time  to  time  for  general  distribution. 
The  Report  of  the  State  Superintendent  for  1900  contains  especially 
valuable  historical  data;  some  additional  local  information  can  be 
gleaned  from  town  and  county  histories. 

49.    HISTORICAL  DEVELOPMENT 

Colonial  Until  i82O  the  system  of  education  in  Maine  was 

substantially  identical  with  that  of  Massachusetts. 
The  system  slowly  worked  out  in  the  Puritan  colony 
aimed  to  provide,  at  public  expense,  an  elementary 
education  for  all  persons  of  designated  age,  but  the 
actual  standards  were  low,  the  training  of  teachers 
imperfect,  and  the  supervision  by  the  central  gov- 
ernment slight.  In  1789  an  act  of  the  General 
Court  undertook  to  codify  the  laws  and  usages  of 

District  a  century  and  a  half,  and  provided  for  the  establish- 
ment of  school  districts,1  but  it  was  not  until  1800 

1  The  act  is  reprinted  in  the  Report  of  the  State  Superintendent,  1900, 
66-70. 

118 


Education  119 

that  the  districts  were  erected  into  municipal  cor- 
porations, with  power  to  lay  taxes  for  the  establish- 
ment and  maintenance  of  schools,  and  the  duty  of 
expending  school  money  through  responsible  officials 
duly  elected  for  the  purpose.  The  district  system 
thus  installed  continued  in  existence  until  1893, 
when  it  was  abolished  by  the  legislature.1 

The  first  school  law  passed  by  the  legislature  of  Law  of  1821. 
Maine,  in  i82i,2  gave  the  towns  the  right  to  fix  the 
number  of  school  districts  within  their  limits  and 
prescribe  their  boundaries,  laid  down  certain  quali- 
fications for  teachers,  indicated  certain  subjects  to 
be  taught,  and  required  each  town  to  raise  annually 
for  school  purposes  not  less  than  forty  cents  for  each 
inhabitant,  the  money  thus  available  to  be  apportioned 
among  the  districts.  A  school  committee  for  the  town 
was  also  provided  for,  and  for  each  district  a  school 
agent,  who  was  to  hire  the  teachers  and  provide 
furniture  and  fuel  for  the  schoolhouse.  In  1833 
provision  was  made  for  the  distribution  among  the 
towns  of  the  income  of  certain  State  school  funds, 
regular  statistical  returns  from  towns  being  also 
required  as  data  for  the  apportionment. 

The  schools  being  still  without  special  supervision  state 
by  the  State,  an  act  of  1846  created  a  board  of  educa- 
tion  with  supervisory  powers.     The  board  was  com- 
posed of  one  member  from  each  county,  chosen  by  the 
school  committees  of   the  towns  and   the  clerks   of 

1  Portland  in   1822,  Bath  in   1828,  and  Bangor  in  1832  had  been 
authorized  by  the  legislature  to  abolish  school  districts.     In  1834  the 
privilege  was  extended  to  all  towns. 

2  See  the  act  in  full  in  Report  of  the  State  Superintendent,  1900, 
71-77. 


I2O  Government  of  Maine 

plantations.  The  board  was  abolished  in  1852,  and 
a  commissioner  of  schools  for  each  county,  to  be 
appointed  annually  by  the  governor  and  council, 
was  substituted.  In  1854,  before  the  new  system  had 
been  fairly  tried,  the  law  was  repealed  and  a  State 
superintendent  of  common  schools  provided  for. 

The  school  laws,  in  the  meantime,  had  been,  as 
they  continued  to  be,  subject  to  frequent  amendment 
and  alteration,  most  of  the  changes  having  in  view  a 
clearer  definition  of  the  powers  and  duties  of  school 
officers,  a  closer  relation  between  the  town  or  district 
and  the  State  in  educational  matters,  and  the  improve- 
ment of  the  quality  of  instruction.  The  insistence 
upon  regular  and  detailed  statistical  reports,  the 
enlargement  of  the  school  funds,  and  the  establish- 
ment of  teachers'  conventions  and  normal  schools 
all  tended  to  the  attainment  of  these  results.  In 
1869  a  system  of  county  supervisors  was  put  in 
operation,  but  was  abolished  in  1872.  In  1870  towns 
were  authorized  to  abolish  school  districts  and  take 
over  the  control  and  management  of  the  schools,  and 
in  1873  the  establishment  of  free  high  schools  was 
provided  for.  The  Madawaska  training  school  for 
teachers  was  established  in  1878.  The  abolition  of 
the  district  system  was  foreshadowed  by  an  act  of 
1880,  providing  for  the  transfer  of  pupils  from  a 
district  in  which  the  numbers  were  too  few  for  the 
profitable  maintenance  of  a  school  to  adjoining  dis- 
tricts. In  the  same  year  the  free  high  school  system, 
from  which  State  aid  had  been  temporarily  withdrawn, 
was  restored.  The  provision  of  free  text-books  was 
made  compulsory  on  the  towns  in  1889,  while  the 
abolition  of  the  district  system  in  1893  was  accom- 


Education  121 

panied  by  a  provision  for  the  election  by  the  school  Abolition 
committees  of  a  superintendent.  system?01 

It  will  be  seen  from  this  brief  sketch  that  the 
history  of  public  education  in  Maine  is  one  of  slow 
but  steady  growth,  new  ideas  being  adopted  as  old 
ones  were  abandoned.  Maine  came  into  the  Union 
when  public  school  administration  in  the  United 
States  was  in  its  infancy,  and  the  spirit  of  local 
independence  fostered  by  the  town  system  of  govern- 
ment has  retarded  the  development  of  control  by  the 
central  government  over  local  school  interests.  The 
financial  interest  of  the  State  in  education  is  now  so 
great,  however,  that  the  strict  exercise  of  its  supervi- 
sory power  is  increasingly  demanded,  and  continued 
growth  in  the  direction  of  uniformity  of  administra- 
tion and  standard,  and  enlarged  control  by  the  State, 
may  probably  be  anticipated. 

50.   LOCAL  ORGANIZATION  AND  MANAGEMENT 

When,  in  1893,  the  school  district  system  was 
abolished,1  the  schoolhouses  and  other  school  prop- 
erty of  the  districts  were  transferred  to  the  owner- 
ship and  custody  of  the  town,  and  the  schools 
themselves  were  placed  under  the  supervision  and 
control  of  the  superintending  school  committee.  A 
few  districts,  incorporated  from  time  to  time  by 
special  acts  of  the  legislature,  retained  their  property 
and  corporate  powers,  but  otherwise  their  schools  are, 
in  general,  on  the  same  footing  as  other  schools  in 
the  town  for  purposes  of  administration. 

The  management  of  the  schools  and  the  custody  and 

1  Public  Laws,  sSgj,  Chap.  216;  amended  by  ibid.,  1895,  Chap.  120. 


122  Government  of  Maine 

Superintend-  care  of  the  school  property  of  the  town  are  devolved 
commute!  uPon  the  superintending  school  committee.  The 
members  of  the  committee,  three  in  number,  are  elected 
by  the  town  for  three  years,  the  terms  of  office  be- 
ing so  arranged  that  one  member  retires  annually.1 
Women,  as  well  as  men,  may  serve  on  school  commit- 
tees and  as  superintendents.  Unless  otherwise  voted 
by  the  town,  the  members  serve  without  pay. 
Superintend-  The  executive  officer  of  the  committee  is  the 
'schools  superintendent  of  schools.  The  superintendent  may 
be  chosen  by  the  town  at  its  annual  meeting,  or  may 
be  appointed  by  the  committee  if  the  town  does  not 
elect;  but  he  may  not  be  a  member  of  the  committee.2 
Towns  having  not  less  than  twenty-five  nor  more 
than  fifty  schools  may  unite  in  the  employment  of  a 
superintendent,  the  State  in  such  case  making  an 
additional  grant  for  salary.3  Superintendents  chosen 
by  a  union  of  towns  must  devote  all  their  time  to 
the  duties  of  their  office.  The  term  of  office  of  the 
superintendent,  whether  for  a  town  or  for  a  group 
of  towns,  is  one  year,  and  the  compensation  voted 
by  the  town  may  not  be  less  than  $2  a  day  for 
the  time  actually  employed.  The  superintendent  is 
ex  officio  secretary  of  the  committee,  and  makes  all 
reports  and  returns  relating  to  the  town  schools  which 
are  not  by  law  required  to  be  made  by  the  committee. 
He  does  not  hire  teachers,  but  in  practice  his  advice 
is  followed  in  their  selection.  He  is  expected  to 
familiarize  himself  with  the  work  of  the  schools, 
supervise  and  direct  the  method  of  instruction  and 
discipline,  and  act  in  general  as  the  educational 

1  Public  Laws,  i8gj,  Chap.  327.  2  Ibid.,  i8qj,  Chap.  332. 

8  Ibid.,  1897,  Chap.  296. 


Education  123 

leader  of  the  community.  In  order  that  all  parts  of 
the  town  may  have  the  benefit  of  his  services,  he  is 
required  to  visit  each  school  at  least  twice  each  term. 
The  annual  school  census  is  taken  by  the  superinten- 
dent, or  under  his  direction. 

Text-books,  apparatus,  and  supplies  are  provided  by  Text-books, 
the  town  without  cost  to  the  pupils.  The  compulsory 
free  text-book  law  dates  from  iSSg,1  such  provision 
having  previously  been  optional  with  the  towns.  The 
selection  of  books  rests  with  the  committee  and  super- 
intendent. An  old  law  of  1862,  forbidding  the  change 
within  five  years  of  a  text-book  once  adopted,  save  by 
vote  of  the  town,  is  still  in  force,  the  penalty  for 
violation  being  the  forfeiture  of  $5oo.2  The  building 
and  repair  of  schoolhouses  are  under  the  direction  of 
the  committee,  and  the  fixing  of  sites  for  school  build- 
ings requires  their  approval. 

The  minimum  length  of  the  school  year  is  fixed  by  School  year, 
statute  at  twenty  weeks,  but  any  town  may,  and  many 
do,  provide  for  the  maintenance  of  schools  for  a  longer 
period.3     In  connection  with  the  abolition  of  the  dis- 
trict system,  it  was  especially    provided   that    "the 
school  moneys  of  every  town  shall  be  so  expended  as 
to  give  as  nearly  as  practicable  the  same  aggregate 
annual  length  of  terms  in  all  its  schools."     Where, 
however,  a  school  has  too  few  pupils  "  for  its  profit- 
able maintenance,"  the  committee,  unless  otherwise  Discontinu- 
instructed  by  the  town,  may  suspend  its  operation  for  schools. 
one  year,  but  any  school  which  fails  to  maintain  an 

1  Public  Laws,  1889,  Chap.  268. 

2  Revised  Statutes  (1883),  Chap,  u,  Sec.  87,  Par.  IV. 

8  Freeman,  Supplement,  139.     State  aided  academies  must  provide 
instruction  for  at  least  thirty  weeks  {Public  Laws,  1901,  Chap.  148). 


124  Government  of  Maine 

average  attendance  of  eight  for  the  year  is  thereby 
suspended,  unless  the  town  by  vote  instructs  the 
committee  to  continue  it.  The  superintendent  is 
obliged  to  procure  the  conveyance  of  pupils  to  and 
from  the  nearest  suitable  school,  if  the  pupils  reside 
at  such  a  distance  from  the  school  as,  in  the  judgment 
of  the  committee,  to  make  such  transportation  neces- 
sary. Under  certain  circumstances,  also,  children  in 
one  town  may  be  sent  to  school  in  another,  the  town 
which  receives  them  charging  a  small  tuition. 
Compulsory  The  privileges  of  the  public  schools  are  offered  to 
attendance.  ajj  persons  between  the  ages  of  five  and  twenty-one 
years,  but  not  all  such  persons  are  required  to  avail 
themselves  of  them.1  The  law  relating  to  compulsory 
attendance  has  undergone  a  number  of  changes  in 
recent  years,  the  aim  being  to  secure  from  every 
child  a  certain  amount  of  regular  attendance,  while 
allowing  to  such  as  must  contribute  by  their  labor 
toward  the  support  of  themselves  or  others  some 
opportunity  to  do  so.  The  provision  of  the  present 
law,  enacted  in  1901,  is  as  follows  :  — 

Law  of  1901.  "  Every  child  between  the  ages  of  seven  and  four- 
teen inclusive  shall  attend  some  public  day  school 
during  the  time  such  school  is  in  session ;  provided 
that  necessary  absence  may  be  excused  by  the  superin- 
tending school  committee  or  superintendent  of  schools, 
or  teacher  acting  by  direction  of  either;  provided, 
also,  that  such  attendance  shall  not  be  required  if  the 
child  obtain  equivalent  instruction,  for  a  like  period 
of  time,  in  an  approved  private  school  or  in  any 
other  manner  approved  by  the  superintending  school 
committee ;  provided,  further,  that  children  shall  not 

1  Public  Laws,  1893,  Chap.  162. 


Education  125 

be  credited  with  attendance  at  a  private  school  until  a 
certificate  showing  their  names,  residences,  and  atten- 
dance at  such  school,  signed  by  the  person  or  per- 
sons having  such  school  in  charge,  shall  be  filed  with 
the  school  officials  of  the  town  in  which  said  children 
reside ;  and  provided  further,  that  the  superintending 
school  committee  may  exclude  from  the  public  schools 
any  child  whose  physical  or  mental  condition  makes  it 
inexpedient  for  him  to  attend." 1  A  penalty  of  fine  or 
imprisonment  is  provided  for  those  who,  having  chil- 
dren under  their  charge,  violate  the  foregoing  law. 

A  child  who  is  absent  without  excuse  six  or  more  Truancy, 
consecutive  sessions  during  any  term  is  regarded  as 
an  "  habitual  truant,"  and  as  such  may  be  arrested 
and  taken  to  school,  the  persons  responsible  for  the 
absence  being  also  liable  to  prosecution.  For  the 
enforcement  of  the  truancy  laws,  towns  are  required 
to  elect  annually  one  or  more  truant  officers.  On 
complaint  of  the  truant  officer,  an  habitual  truant,  if 
a  boy,  may  be  committed  to  the  State  reform  school, 
or,  if  a  girl,  to  the  State  industrial  school  for  girls. 

The  so-called  "labor  law"  of  1887,  regulating  the  Children  in 
hours  of  labor  and  employment  of  women  and  chil-  factones- 
dren,   forbade    absolutely   the   employment   in    any 
mechanical  or   manufacturing    establishment  in  the 
State  of  any  child  under  twelve  years  of  age,  and 
also  prohibited  the  employment  of  any  child  under 
fifteen  years  of  age  at  any  time  except  during  vaca- 
tions of  the  public  schools,  unless  the  child  had  at- 
tended school  for  at  least  sixteen  weeks  during  the 
preceding  year.2     As  the  law  of  1899,  to  which  the 

1  Public  Laws,  igoi,  Chap.  185,  amending  ibid.,  1899,  Chap.  80. 

2  Freeman,  Supplement,  291-294. 


126 


Government  of  Maine 


Cities. 


Unincorpo- 
rated places. 


law  of  1901  was  an  amendment,  repealed  all  legisla- 
tion inconsistent  with  its  provisions,  it  would  appear 
that,  as  the  law  now  stands,  no  child  less  than  fifteen 
years  old  can  be  employed  in  any  manufacturing  or 
mechanical  industry,  except  during  vacations,  unless 
excused  by  the  school  authorities  from  attending 
school. 

While  most  of  the  general  provisions  of  law  re- 
garding schools  apply  to  cities  as  well  as  to  towns, 
the  special  provisions  of  the  city  charter  create 
numerous  exceptions.  The  most  important  of  these 
exceptions  has  to  do  with  the  number  and  method  of 
election  of  the  school  committee.  School  committees 
in  cities  are  usually  larger  than  those  in  towns,  and 
are  elected,  sometimes  from  wards,  sometimes  on  a 
general  ticket,  the  former  being  the  prevailing  method. 

The  provision  of  school  facilities  in  unincorporated 
places  is  devolved  upon  the  State  superintendent,  who 
may  establish  schools  if  the  population  is  sufficient  to 
warrant  it,  or  send  children  to  schools  in  adjoining 
places.  The  expense  is  met,  first,  from  the  income  of 
the  reserved  fund  of  the  township,  and,  second,  from 
the  proceeds  of  a  per  capita  tax  of  twenty-five  cents 
on  each  inhabitant  of  the  township.  If  these  re- 
sources are  insufficient,  the  remainder  is  provided 
for  out  of  a  regular  State  appropriation  of  ^isoo.1 
Persons  of  school  age,  living  at  any  light  station  not 
embraced  within  the  limits  of  any  school  district,  are 
admitted  without  tuition  charge  to  any  public  school 
in  the  State. 


1  Public  Laws,  1899,  Chap.  89,  superseding  all  previous  acts  on  the 
subject. 


Education  127 


51.   STATE  SUPERINTENDENT 

The  supervision  of  public  education  by  the  State  Appointment 
is  mainly  conducted  through  a  State  superintendent  and 
of  public  schools.1  The  State  superintendent  is  ap- 
pointed by  the  governor  and  council  for  three  years, 
and  has  his  office  at  the  seat  of  government.  Upon 
him  are  devolved  a  great  variety  of  duties,  directive, 
advisory,  and  clerical.  Aside  from  the  general  obli- 
gation to  see  that  the  school  laws  of  the  State  are 
obeyed,  —  by  no  means  a  slight  task,  as  the  educa- 
tional history  of  the  State  has  shown,  —  he  prepares 
and  issues  numerous  blanks  for  reports  by  school  offi- 
cers, and  presents  the  resulting  statistics  in  tabulated 
form  in  his  annual  reports.  His  approval  of  the 
town  reports  of  enrolment,  for  example,  is  necessary 
before  the  amount  of  State  money  due  the  town  can 
be  paid.  His  authority  extends  to  academies  and 
other  schools  which  receive  State  aid,  and  to  schools 
in  unincorporated  places,  while  in  the  general  inter- 
ests of  educational  progress  he  visits  schools  in  all 
parts  of  the  State,  and  confers  with  and  advises 
teachers  in  county  institutes  and  other  meetings. 
The  State  examinations  of  teachers  required  by  law 
are  conducted  under  his  supervision. 

Since  the  repeal  of  the  law  providing  for  county 
supervisors  of  schools,  in  1872,  the  county,  as  a 
political  organization,  has  ceased  to  be  a  factor  in 
the  educational  system  of  the  State.  There  is  no 
parallel  in  Maine  to  the  county  superintendent,  with 
his  extensive  powers  of  direction  and  control,  such 

1  For  the  change  of  title  see  Public  Laws,  i8qj,  Chap.  237. 


128  Government  of  Maine 

as  is  found  in  many  western  States.  The  State, 
through  the  State  superintendent,  deals  directly  with 
towns,  cities,  and  plantations.  As  a  result,  school 
administration  has  imposed  upon  the  State  super- 
intendent a  very  large  burden  of  essentially  clerical 
duty,  at  the  same  time  that  local  ambitions  and  jeal- 
ousies, together  with  the  uneven  development  of 
different  parts  of  the  State,  have  made  the  attain- 
ment of  uniformity  of  method  and  standard  less  rapid 
than  the  apparently  highly  centralized  system  of 
administration  would  seem  to  imply. 

52.   GRADES,  STUDIES,  AND  TEACHERS 

Grades.  The  law  of  Maine  recognizes  a  general  classifica- 

tion of  public  schools  into  two  groups,  known  respec- 
tively as  common  schools  and  high  schools,  the  basis 
of  distinction  being  the  studies  pursued  in  each.  The 
division  of  the  common  schools  into  grades,  however, 
is  left  for  each  community  to  decide  for  itself ;  whether 
or  not  a  school  shall  be  graded  depends  upon  such 
considerations  as  the  number  of  pupils  and  teachers, 
and  the  amount  of  money  available  for  salaries  and 
other  expenses.  Schools  in  country  districts  and  the 
smallest  towns  are  usually  ungraded,  a  single  teacher, 
often,  teaching  all  the  subjects  in  the  curriculum,  and 
dividing  the  pupils  into  classes  as  circumstances  may 
indicate. 

In  the  larger  towns  and  the  cities  the  schools, 
except  those  in  rural  neighborhoods,  are  graded,  the 
division  into  primary,  intermediate,  and  grammar 
grades  being  practically  universal.  Evening  schools 
may  also  be  established  for  instruction  in  elementary 


Education  1 29 

branches,  but  a  special  appropriation  must  be  made 
for  the  purpose. 

The  act  of  1868,  defining  the  duties  of  the  State  studies, 
superintendent,  gave  him  authority  "  to  prescribe  the 
studies  that  shall  be  taught  in  the  common  schools 
of  this  State,  reserving  to  town  committees  the  right 
to  prescribe  additional  studies."  By  subsequent  acts, 
however,  the  legislature  itself  assumed  the  right  of 
prescribing  subjects  to  be  taught,  and  of  fixing  the 
minimum  requirements  for  free  high  schools.  Thus, 
all  schools  are  required  to  give  instruction  in  physi- 
ology and  hygiene,  with  special  reference  to  the 
effects  of  alcoholic  drinks,  stimulants,  and  narcotics 
upon  the  human  system  ; 1  and  all  teachers  are  re- 
quired "  to  devote  not  less  than  ten  minutes  of  each 
week  of  the  school  term  to  teaching  to  the  children 
under  their  charge  the  principles  of  kindness  to  birds 
and  animals."2  The  course  of  study  in  free  high  High  school 
schools  embraces  the  "ordinary  English  academic 
studies  which  are  taught  in  secondary  schools,  es- 
pecially the  natural  sciences  in  their  application  to 
mechanics,  manufactures,  and  agriculture";  but  the 
ancient  or  modern  languages  and  music  are  not 
required  to  be  taught  unless  the  superintending 
school  committee  so  direct.3  Any  town  may  also 
provide  free  instruction  in  drawing,  in  either  day  or 
evening  schools,  and  may  establish  a  manual  training 
school. 

The  spirit  and  aims  which  should  characterize  the  Spirit  and 
instruction   in  schools  of  whatever  grade  are  admi- 
rably  set  forth  in  the  following  paragraph,  reenacted 

1  Public  Laws,  1883,  Chap.  267.  2  Ibid.,  1891,  Chap.  29. 

8  Freeman,  Supplement,  132. 
K 


130  Government  of  Maine 

with  only  slight  change  from  the  first  school  law  of 
1821  :  — 

"  The  presidents,  professors,  and  tutors  of  colleges, 
the  preceptors  and  teachers  of  academies,  and  all 
other  instructors  of  youth,  in  public  or  private  insti- 
tutions, shall  use  their  best  endeavors  to  impress  on 
the  minds  of  the  children  and  youth  committed  to 
their  care  and  instruction,  the  principles  of  morality 
and  justice,  and  a  sacred  regard  for  truth ;  love  of 
country,  humanity,  and  a  universal  benevolence ;  so- 
briety, industry,  and  frugality ;  chastity,  moderation, 
and  temperance ;  and  all  other  virtues  which  orna- 
ment human  society ;  and  to  lead  those  under  their 
care,  as  their  ages  and  capacities  admit,  into  a  partic- 
ular understanding  of  the  tendency  of  such  virtues  to 
preserve  and  perfect  a  republican  constitution,  secure 
the  blessings  of  liberty,  and  promote  their  future 
happiness ;  and  the  tendency  of  the  opposite  vices, 
to  slavery,  degradation,  and  ruin."  1 

Examination  In  order  to  teach  in  a  public  school  the  teacher 
of  teachers.  must  first  obtain  a  certificate  of  proficiency.  Two 
sets  of  examinations,  State  and  local,  are  provided  for. 
The  local  examination,  given  under  the  direction  of 
the  school  committee,  embraces  reading,  spelling, 
English  grammar,  geography,  history,  arithmetic, 
civil  government,  bookkeeping,  physiology  with  special 
reference  to  the  effects  of  alcohol  and  narcotics,  the 
elements  of  natural  science,  and  such  other  branches 
as  the  committee  may  desire  to  have  taught.  The 
candidate  who  passes  the  examination  receives  a  cer- 
tificate good  for  one  year.  State  examinations  on  a 
similar  range  of  subjects,  but  designed  to  test  the 

1  Freeman,  Supplement,  133. 


Education  131 

professional  as  well  as  the  scholastic  abilities  of  the 
teacher,  are  held  in  different  parts  of  the  State  under 
the  direction  of  the  State  superintendent.  The  cer- 
tificate given  for  the  State  examination  is  either  pro- 
bationary or  permanent,  and  indicates  the  grade  of 
school  in  which  the  holder  is  qualified  to  teach.  The 
State  certificate  is  to  be  accepted  by  school  commit- 
tees in  place  of  the  local  examination.1 

Local  school  authorities  may  also,  by  endorsement, 
render  valid  a  certificate  of  proficiency  issued  by  one 
of  the  State  normal  schools.2 

The  professional  training  and  interest  of  the  institutes 
teacher  are  further  aided  by  teachers'  institutes  and 
summer  schools.  After  several  years  of  experiment, 
the  legislature  in  1885  provided  for  the  organization 
of  county  teachers'  associations,  under  the  direction 
of  the  State  superintendent,  allowing  teachers  to 
suspend  their  schools  for  not  more  than  two  days 
in  order  to  attend,  and  appropriating  $1000  an- 
nually from  the  school  fund  for  their  maintenance.8 
In  1895  authority  was  given  for  the  establishment 
of  summer  schools  for  teachers,  and  an  appropriation 
made  for  the  necessary  expenses. 


53.   SCHOOL  FINANCES 
The  money  available  for  the  support  of  schools  in  Sources  of 

school 
money. 


any  community  comes   mainly  from   three  sources:  sch°o1 


first,  from  appropriations  by  the  town  or  city ;  second, 
from  appropriations  made  by  the  State ;  and  third, 
from  the  income  of  certain  funds  held  by  the  State 

1  Public  Laws,  1895,  Chap.  152. 

2  Revised  Statutes  (1883),  Chap.  II,  Sec.  87,  Par.  III. 
8  Freeman,  Supplement,  135,  136. 


132  Government  of  Maine 

as  school  funds.  Something  is  also  received  from 
the  tuition  fees  of  pupils  resident  in  other  towns,  and 
a  community  occasionally  receives  gifts  or  bequests 
for  educational  purposes,  but  the  amount  derived 
from  these  sources  is  small. 

Town  appro-  The  amount  of  money  which  a  town,  from  its  own 
resources,  expends  for  schools  depends,  in  general,  on 
its  wealth  and  its  willingness  to  foster  the  educational 
welfare  of  its  citizens.  Every  town  must,  however, 
raise  annually  for  schools  a  sum  equal  to  at  least 
eighty  cents  for  each  inhabitant,  exclusive  of  the  in- 
come which  it  may  receive  for  school  purposes  from 
any  other  source.1  Moreover,  what  is  raised  for 
schools  must  be  spent  for  schools,  and  neither  with- 
held nor  used  for  any  other  purpose.  Heavy  penal- 
ties are  provided  for  towns  which  neglect  or  refuse 
to  raise  or  expend  the  amount  required  by  law. 

The  estimates  of  necessary  school  expenses  are 
prepared  by  the  superintending  school  committee, 
and  the  money  raised  and  appropriated  by  the  town 
in  town  meeting.  Text  books  and  apparatus,  repairs 
and  insurance,  compensation  of  superintendent  and 
committee,  and  free  high  school  are  provided  for  in 
special  items  of  the  appropriation,  money  raised  for  the 
support  of  common  schools  not  being  available  for 
these  purposes.  Money  voted  for  schools  is  assessed 
and  collected  like  other  town  taxes.  The  money 
raised  by  taxation,  together  with  what  is  received 
from  the  State  or  from  other  sources,  is  expended 
under  the  direction  of  the  superintending  school  com- 

1  The  amount  of  per  capita  tax  has  varied.  In  1821  it  was  forty 
cents;  in  1853,  fifty  cents;  in  1854,  sixty  cents;  in  1 866,  seventy-five 
cents;  in  1868,  one  dollar;  since  1872,  eighty  cents. 


Education  133 

mittee,  payment  being  made  by  the  town  treasurer 
on  warrants  drawn  by  the  municipal  officers. 

The  principle  items  of  State  appropriation,  directly  state  appro- 
available  for  the  support  of  schools  in  towns,  are  Pnatlons- 
those  for  the  payment  of  superintendence  in  towns 
that  have  united  for  that  purpose,  and  for  free  high 
schools.  The  former  has  been  already  referred  to.1 
Any  town  which  establishes  and  maintains  a  free 
high  school  for  at  least  ten  weeks  in  the  year,  out  of 
money  raised  for  that  purpose  in  excess  of  what  is 
raised  for  common  schools,  receives  from  the  State 
one-half  of  the  amount  expended  for  instruction,  the 
total  grant  to  any  one  school,  however,  not  exceeding 
$250.  The  same  reimbursement  is  made  where  a 
town  contracts  with  the  trustees  or  directors  of  a 
private  high  school  or  academy  in  the  town  for  the 
tuition  of  pupils. 

The  school  fund  of  the  State  is  made  up  of  several  School  funds, 
items.  As  early  as  1788  a  law  of  Massachusetts  set 
apart  one  lot  of  320  acres  in  every  township  of  public 
land  as  a  "  school  lot,"  the  proceeds  of  its  sale  to  con- 
stitute a  fund  for  the  benefit  of  common  schools.  The 
policy  thus  inaugurated  of  using  the  land  and  timber 
wealth  of  the  State  as  a  basis  of  State  aid  to  schools 
has  been  followed  by  Maine  throughout  its  history  as 
a  State,  the  lands  reserved  for  school  purposes  having 
been  materially  added  to  from  time  to  time. 

The  money  received  from  the  sale  of  school  lands,   Permanent 
together  with  any  money  appropriated  by  the  legis-  fund* 
lature  for  the  fund,  constitute  what  is  known  as  the 
permanent  school  fund.     The  income  of  this  fund,  at 
the  rate  of  six  per  cent,  per  annum,  together  with 

1  The  appropriation  for  1902  was  $3000. 


134 


Government  of  Maine 


Mill  tax. 


Special 
appropri- 
ations. 


History  of 
academies. 


one-half  of  the  proceeds  of  the  tax  on  savings  banks,1 
is  annually  appropriated  to  the  support  of  common 
schools,  and  distributed  among  the  towns  according 
to  their  respective  number  of  persons  between  four 
and  twenty-one  years  of  age. 

In  addition  to  the  income  from  the  permanent 
school  fund  and  the  bank  tax,  a  tax  of  one  mill  on  a 
dollar  is  annually  assessed  on  all  the  property  in  the 
State  according  to  its  valuation,  for  the  support  of 
common  schools.  This  is  known  as  the  "  mill  tax," 
and  is  apportioned  among  the  towns,  cities,  and  plan- 
tations according  to  the  number  of  pupils  of  school 
age.  Any  portion  of  the  fund  not  distributed  or 
expended  during  the  year  is  added  to  the  permanent 
school  fund. 

The  money  granted  by  the  State  to  academies  and 
free  high  schools  is  provided  for  by  special  appropri- 
ation, while  that  for  normal  schools  is  a  charge  on 
the  common  school  fund.  Appropriations  for  the 
office  of  State  superintendent,  teachers'  institutes, 
printing  and  distribution  of  educational  literature, 
etc.,  call  for  no  special  mention,  the  purpose  in  each 
case  being  sufficiently  indicated  by  the  name. 

54.    ACADEMIES 

Previous  to  the  separation  of  Maine  from  Massa- 
chusetts there  had  been  incorporated  in  the  district 
twenty-five  academies,  with  endowments  aggregating 
more  than  two  hundred  and  fifty  thousand  acres  of 
wild  land.  Between  1820  and  1851,  forty-four  acade- 
mies were  chartered,  and  since  1851,  twenty.2  Most 

1  Freeman,  Supplement,  96,  Sec.  3. 

2  For  the  list,  see  Report  of  the  State  Superintendent,  1900,  138-140. 


Education  135 

of  these  institutions,  though  poorly  endowed,  did  good 
work,  and  formed,  in  the  absence  of  high  schools,  the 
only  connecting  link  between  the  common  schools  and 
the  college.  But  the  establishment  of  free  high 
schools,  in  1873,  "was  a  death  blow  to  all  but  the 
stronger  of  the  old  academies.  Many  of  them  trans- 
ferred their  buildings  and  funds  to  the  towns  in  which 
they  were  located  and  became  free  high  schools."  1 
Others,  while  retaining  their  corporate  existence,  did 
the  work  of  high  schools  for  the  towns  in  which  they 
were  situated,  deriving  their  support  mainly  from  spe- 
cial appropriations  made  by  the  legislature,  in  addition 
to  what  was  received  under  the  free  high  school  law. 

It  was  inevitable  that  the  virtual  support  of  acade-  Legislative 
mies  by  special  legislative  grants  should  tend,  in  many  reform- 
cases,  to  foster  grave  abuses,  and  to  hinder  rather 
than  help  the  progress  of  education  in  the  State. 
Accordingly,  the  legislature  in  1901  enacted  a  gen- 
eral law  governing  the  appropriation  of  money  in  aid  Law  of  1901. 
of  academies,  seminaries,  and  institutes.2  Such 
schools  were  divided  into  three  classes,  and  the 
amount  which  they  received  was  made  dependent 
upon  the  kind  of  instruction  offered.  If  an  academy 
gives  instruction  equivalent  to  that  required  of  high 
schools,  it  is  entitled  to  receive  annually  from  the 
State  $500 ;  if,  in  addition,  it  maintains  a  college  pre- 
paratory course,  it  receives  $750;  and  if  it  further 
maintains  a  training  school  for  teachers,  it  receives 
the  maximum  stipend,  $1000.  Every  academy  re- 
ceiving aid  under  the  act  must  enroll  a  prescribed 
minimum  number  of  students,  give  instruction  for 

1  Report  of  the  State  Superintendent,  igoo,  138. 

2  Public  Laws,  1901,  Chap.  148. 


136 


Government  of  Maine 


not  less  than  thirty  weeks  in  each  year,  and  have  its 
courses  of  instruction  approved  by  the  State  superin- 
tendent. Moreover,  the  stipulated  grant  may  not 
exceed  the  total  income  of  the  institution  from  all 
other  sources,  nor  is  any  grant  to  be  made  to  an 
institution  whose  income  from  invested  funds  exceeds 
$1600,  nor  more  than  $500  where  such  income 
exceeds  $1000.  Academies  incorporated  subsequent 
to  the  date  of  the  act  are  excluded  from  its  pro- 
visions. 

For  aid  to  academies  under  this  act  the  legislature 
appropriated  for  each  of  the  two  years,  1901  and  1902, 
#23,500. 


Establish- 
ment. 


Direction. 


55.   NORMAL  AND  TRAINING  SCHOOLS 

Systematic  provision  for  the  training  of  teachers 
was  begun  by  the  legislature  in  1860,  but  no  progress 
was  made  until  1863,  when  a  normal  school  was 
established  at  Farmington.  Similar  schools  were 
established  at  Castine  in  1867,  and  at  Gorham  in 
1878.  The  direction  of  the  schools  is  vested  in  a 
board  of  trustees,  consisting  of  the  governor  and 
State  superintendent  of  public  schools,  and  five  other 
members  appointed  for  not  more  than  three  years  by 
the  governor  and  council.  The  course  of  study 
occupies  two  years,  and,  together  with  the  terms  of 
admission,  is  under  the  management  of  the  State 
superintendent,  subject  to  the  approval  of  the  gov- 
ernor and  council ;  but  the  trustees  are  empowered  to 
arrange  a  course  of  study,  occupying  three  or  four 
years,  for  such  students  as  care  to  pursue  it. 

A  number  of  towns  and  plantations  in  northeastern 


Education  137 

Maine,  south  and  west  of  the  St.  John  River,  are  Madawaska 
inhabited  largely  by  French,  many  of  them  the  de- 
scendants of  French  Acadians  who  were  expelled  from 
Nova  Scotia  in  1755.  "  From  the  fact  that  the  first 
settlement  was  made  at  a  point  on  the  St.  John 
opposite  the  mouth  of  the  Madawaska  River,  the 
whole  region  soon  became  known  among  the  French 
settlers  as  '  Madawaska,' "  and  it  is  still  customarily 
referred  to  by  that  name,  or  its  equivalent,  "  Mada- 
waska Territory." 1  Educational  facilities  in  the 
region  were  for  many  years  of  the  most  rudimentary 
character,  while  the  practically  universal  use  of 
French  rather  than  English  made  it  difficult  to  extend 
to  the  locality  the  general  school  system  of  the 
State.  For  many  years,  accordingly,  the  Madawaska 
Territory  was  separately  dealt  with  for  school  pur- 
poses, the  schools  being  under  the  direction  of  a 
State  agent,  and  deriving  their  support  from  legisla- 
tive appropriations. 

A  change  of  policy  was  inaugurated  in  1872.  "  By  Law  of  1872. 
a  special  act  the  townships  included  within  the  Terri- 
tory and  organized  as  towns  or  plantations  were  put 
on  an  equal  footing  with  the  other  towns  and  planta- 
tions in  the  State  so  far  as  sharing  in  the  distribution 
of  State  moneys,  provided  they  should  organize  school 
districts,  maintain  schools  whose  discipline  and  in- 
struction should  be  in  the  English  language,  and 
should  annually  raise  for  the  maintenance  of  schools 
certain  definite  sums  fixed  in  the  act."2  To  meet  the 

1  Report  of  the  State  Superintendent,  1897,  50.     Madawaska  Terri- 
tory includes,  among  others,  the  present  towns  or  plantations  of  Ham- 
lin,  Van  Buren,  Grand  Isle,  Madawaska,  Frenchville,  Fort  Kent,  St.  John, 
and  St.  Francis. 

2  Report,  1897,  52, 


138 


Government  of  Maine 


Training 
School. 


pressing  demand  for  teachers,  the  trustees  of  the  State 
normal  schools,  acting  under  authority  from  the  legis- 
lature, established  in  1877  training  schools  for  teachers 
at  Fort  Kent  and  Van  Buren.  In  1887  these  schools 
were  united  in  the  Madawaska  Training  School,  the 
new  school  being  located  at  Fort  Kent  The  school 
is  under  the  direction  of  the  trustees  of  the  State  nor- 
mal schools,  but  its  work  is  specially  designed  to  meet 
the  needs  of  persons  who  intend  to  teach  in  the  region 
in  which  the  school  is  located. 


Establish- 
ment. 


56.    THE  UNIVERSITY  OF  MAINE 

In  1862  an  act  of  Congress  granted  to  each  State, 
from  the  public  lands  of  the  United  States,  thirty 
thousand  acres  for  each  senator  and  representative 
from  the  State  in  Congress,  on  condition  that  from  the 
proceeds  of  the  sale  of  the  land  so  granted  there  should 
be  established  a  perpetual  fund,  "  the  interest  of  which 
shall  be  inviolably  appropriated  by  each  State  ...  to 
the  endowment,  support,  and  maintenance  of  at  least 
one  college,  where  the  leading  object  shall  be,  without 
excluding  other  scientific  and  classical  studies  and 
including  military  tactics,  to  teach  such  branches  of 
learning  as  are  related  to  agriculture  and  the  mechanic 
arts,  in  such  manner  as  the  legislatures  of  the  States 
may  respectively  prescribe,  in  order  to  promote  the 
liberal  and  practical  education  of  the  industrial  classes 
in  the  several  pursuits  and  professions  in  life."  The 
State  accepted  the  grant,  and  in  1865  established  the 
"  State  College  of  Agriculture  and  the  Mechanic  Acts." 
The  two  hundred  and  ten  thousand  acres  of  land  to 
which  the  State  was  entitled  under  the  act  yielded  an 


Education  1 39 

endowment  fund  of  $118,300.  A  proposition  to  con- 
nect the  new  institution  with  Bowdoin  College  met  with 
strong  opposition  from  agricultural  interests,  and  the 
college  was  finally,  in  1866,  located  at  Orono. 

Besides  considerable  sums  appropriated  from  time  Support, 
to  time  by  the  State,1  acts  of  Congress  passed  in 
1887  and  1890  entitled  the  college  to  receive  annually 
from  the  United  States  $15,000  for  the  maintenance 
of  an  agricultural  experiment  station,  and  $25,000  for 
further  endowment  and  support.  The  academic  work 
of  the  institution  having  in  the  meantime  been  increas- 
ingly emphasized,  the  name  was,  in  1897,  changed  to 
"  The  University  of  Maine,"  2  and  an  appropriation 
of  $20,000  a  year  for  ten  years  was  made  for  current 
expenses.3 

The  control  of  the  university  is  vested  in  a  board  of  Control, 
trustees,  of  which  the  secretary  of  the  State  board  of 
agriculture  is  an  ex  officio  member,  but  the  governor 
and  council  have  the  right  "  to  examine  into  the  affairs 
of  the  college  and  the  doings  of  the  trustees,  and  to 
inspect  all  their  records  and  accounts,  and  the  build- 
ings and  premises  occupied  by  the  college."  * 

57.   OTHER  EDUCATIONAL  AGENCIES 

Several  important  interests  are  fostered  by  the  State 
which,  though  having  no  formal  connection  with  the 
educational  department  of  either  the  State  or  the  local 
governments,  are  so  far  educational  in  their  purpose 

1  "About   $300,000    for   material   equipment."  —  Report  of  State 
Superintendent,  1900,  151. 

2  Private  and  Special  Laws,  Chap.  551. 
8  Resolves,  Chap.  215. 

*  Report  of  the  State  Superintendent,  iqoo,  150. 


140 


Government  of  Maine 


State 
board  of 
agriculture. 


State  depart- 
ment of 
agriculture. 


Farmers' 
institutes. 


State  appro- 
priations. 


and  scope  as  to  be  appropriately  treated  in  this  con- 
nection. 

Until  1902  the  oversight  of  agricultural  interests 
was  intrusted  to  a  State  board  of  agriculture,  consist- 
ing of  the  president  and  the  professor  of  agriculture 
of  the  University  of  Maine,  and  sixteen  county  mem- 
bers chosen  by  the  agricultural  societies  of  their  respec- 
tive counties.  By  a  law  of  1901,  provision  was  made 
for  a  State  department  of  agriculture,  in  charge  of  a 
commissioner  elected  biennially  by  the  legislature  on 
joint  ballot.1  Upon  the  commissioner  are  devolved 
the  supervisory  and  administrative  duties  previously 
performed  by  the  State  board,  together  with  a  few 
others,  the  most  important  of  the  new  duties  being  the 
enforcement  of  the  laws  relating  to  the  manufacture  or 
sale  of  impure  or  adulterated  food  or  seed  products. 

The  commissioner  is  required  to  hold  annually  two 
farmers'  institutes  at  least  in  each  county,  for  "  the 
presentation  and  discussion  of  questions  bearing  upon 
agriculture  and  the  agricultural  interests  of  the  State," 
and  also,  in  connection  with  the  State  dairymen's 
association,  a  State  dairymen's  conference  "for  the 
exhibit  of  dairy  products  and  appliances."  A  small 
permanent  appropriation  is  made  by  the  act  for  the 
necessary  expenses  of  these  meetings. 

There  is  appropriated  annually  by  the  State  an 
amount  not  exceeding  one  cent  for  each  inhabitant, 
which  sum  is  divided  among  the  incorporated  agricul- 
tural societies  not  provided  for  by  special  laws,  accord- 
ing to  the  amounts  awarded  by  them  in  premiums  and 
gratuities  for  stock  and  products  exhibited.  But  no 
society  may  receive  from  this  source  more  than  the 

1  Public  Laws,  fyoi,  Chap.  204. 


Education  141 

amount  it  actually  raises  and  expends  for  the  purposes 
named,  while  the  further  proviso  is  added  "  that  each 
of  the  said  societies  shall  cause  the  prohibitory  liquor 
law  to  be  enforced  on  all  grounds  over  which  they 
have  control,  and  not  allow  gambling  in  any  form,  or 
games  of  chance."  1 

An  important  factor  in  the  educational  work  of  the  Libraries. 
State  is  the  encouragement  and  support  of  public 
libraries.  The  State  library  at  Augusta,  though  pri- 
marily for  the  use  of  the  legislature  and  other  depart- 
ments and  officers  of  the  government,  is  open  to  the 
public  for  consultation,  and  lends  certain  of  its  books, 
under  suitable  restrictions,  to  citizens  in  any  part  of 
the  State.  Any  town  or  village  corporation  may  es- 
tablish a  free  public  library  and  raise  money  for  its  state  aid. 
support,  ten  per  cent,  of  the  amount  expended  being 
reimbursed  by  the  State.  Moreover,  any  library  owned 
or  controlled  by  a  corporation  or  association  may  be- 
come a  free  public  library,  and  receive  aid  from  the 
town  and  the  State  towards  its  support.  The  State 
also  makes  donations  of  books  to  aid  in  the  establish- 
ment of  libraries,  and  regular  gifts  of  public  documents 
thereafter,  and  also  offers  instruction  at  the  State 
library  in  cataloguing  and  other  matters  relating  to 
library  administration. 

Even  with  this  liberal  provision  of  State  aid,  how- 
ever, many  small  communities  are  unable  either  to 
establish  or  else  properly  to  maintain  free  public 
libraries.  Accordingly,  the  legislature  in  1899  made 
provision  for  lending  to  libraries,  and  to  associations  of  Travelling 
five  or  more  persons  in  places  where  no  public  libraries  llbranes- 

1  Freeman,  Supplement ',  367. 


142  Government  of  Maine 

exist,  small  collections   of   books.1     For  the  general 
oversight  of  the  system  of  travelling  libraries  and  the 
further  encouragement  of  public  libraries,  a  board  of 
Library  com-  library   commissioners    was   established.     The   com- 
missioners,    rnissioners  are  appointed  by  the  governor  and  council 
for   four   years,   one   retiring   annually.     The   State 
librarian  is  ex  officio  a  member  of  the  board  and  its 
secretary. 

1  Public  Laws,  1899,  Chap.  22. 


CHAPTER  IX 
THE  PROTECTION  AND  COMFORT  OF  THE  STATE 

58.   REFERENCES 

Besides  the  statutes,  the  only  important  authorities  for  the  topics 
treated  in  this  chapter  are  the  annual  or  biennial  reports  of  the  officers, 
departments,  and  institutions  mentioned,  the  messages  of  the  governors, 
and  the  statistical  data  collected  by  the  United  States  census.  Lists 
of  the  members  and  principal  officers  of  State  boards  and  institutions 
are  given  in  the  Maine  Register. 

59.   SOCIAL  CLASSES  AND  NEEDS 

While  the  people  resident  within  a  State  and  sub-  Social 
ject  to  its  jurisdiction  enjoy  equality  of  legal  rights  classes* 
and  privileges,  and  are  under  a  common  obligation 
to  support  and  uphold  the  government,  they  are  not 
in  other  respects  entirely  equal.  There  are  obvious 
differences  in  education,  wealth,  social  position,  and 
business  capacity.  In  political  affairs  some  are 
radical  while  others  are  conservative,  some  are  pub- 
lic spirited  while  others  are  indifferent.  Such  di- 
vergences have  their  origin  in  human  nature,  and 
always  have  characterized,  and  probably  always  will 
characterize,  society ;  and  with  them  the  State,  as  an 
organized  government,  has  nothing  to  do.  It  is  not 
the  object  of  government  to  bring  about  social  uni- 
formity, even  though  the  plane  of  uniformity  be  high. 

Of  other  social  differences,  however,  the  State,  in 


144 


Government  of  Maine 


Defectives 
and  delin- 
quents. 


Police 
power. 


the  interest  of  the  welfare  of  all  the  people,  does  take 
account.  Modern  civilization  particularly  enjoins 
upon  a  community  the  care  of  those  who,  either  from 
accident,  or  disease,  or  misfortune,  are  mentally  or 
physically  defective  or  incompetent.  Of  this  class 
are  the  blind,  the  deaf  and  dumb,  the  feeble-minded, 
and  the  insane.  Again,  the  State,  in  the  interest  of 
its  own  preservation,  must  punish  crime  and  protect 
itself  against  lawlessness  and  mob  violence,  while  in 
the  remote  contingency  of  invasion  or  attack  by  a 
foreign  power,  or  the  nearer  liability  of  a  call  for  as- 
sistance from  the  United  States,  it  must  hold  itself 
ready  at  all  times  to  put  into  the  field  an  armed  force. 

Further,  while  all  laws  are  for  the  public  benefit, 
the  State,  in  the  exercise  of  what  is  called  the  "  po- 
lice power,"  exercises  special  jurisdiction  over  the 
lives,  health,  morals,  and  occupations  of  its  citizens  in 
certain  particulars.  Thus,  it  prohibits  gambling  and 
lotteries,  punishes  the  circulation  or  exhibition  of  im- 
moral pictures  and  literature,  including  reproductions 
of  prize  fights,1  prohibits  the  sale  of  cigarettes  to 
minors,2  and  puts  under  the  ban  both  the  manufac- 
ture and  sale  of  alcoholic  liquors  as  beverages.  It 
prescribes  the  use  of  safety  appliances  on  railroads 
and  regulates  the  hours  of  labor  in  factories,  while  in 
the  general  interest  of  health  and  life  it  assumes 
special  authority  in  regard  to  infectious  and  conta- 
gious diseases. 

Many  of  these  matters,  being  such  as  are  common 
to  all  the  States,  require  no  special  mention.  Some 
of  them,  however,  call  for  more  detailed  discussion. 

1  Public  Laws,  1897,  Chap.  309. 

2  Ibid.,  Chap.  333. 


The  Protection  and  Comfort  of  the  State     145 

60.   THE  MILITIA  l 

The  second  article  of  the  amendments  to  the  Con-  Constitu- 
stitution  of  the  United  States  reads :  "  A  well-regu- 
lated  militia  being  necessary  to  the  security  of  a  free 
State,  the  right  of  the  people  to  keep  and  bear  arms 
shall  not  be  infringed."  The  constitution  of  Maine, 
while  reasserting  the  right  to  keep  and  bear  arms, 
adds :  "  No  standing  army  shall  be  kept  up  in  time 
of  peace  without  the  consent  of  the  legislature,  and 
the  military  shall,  in  all  cases  and  at  all  times,  be  in 
strict  subordination  to  the  civil  power."  2 

All  male  citizens  of  the  State  between  the  ages  of  Who  are 
eighteen  and  forty-five  years,  except  justices  of  the 
supreme  judicial  court,  ministers  of  the  gospel,  per- 
sons of  the  denominations  of  Shakers  or  Quakers, 
officers  of  the  militia  who  have  been  honorably  dis- 
charged, and  persons  exempted  by  United  States 
laws,  are  subject  to  military  duty.  All  such  persons, 
with  the  exception  of  idiots,  lunatics,  paupers,  com- 
mon drunkards,  and  persons  convicted  of  infamous 
crimes,  are  enrolled  biennially  by  the  assessors  of  the  Enrolment, 
towns,  cities,  or  plantations  in  which  they  reside;8 
and  every  person  so  enrolled  must  serve  if  called 
upon,  unless  physically  disabled,  or  unless  he  pur- 
chases exemption  by  producing  an  acceptable  substi- 
tute or  paying  to  the  State  $ioo.4 

1  The  militia  organization  of  Maine,  like  that  of  many  States,  was  a 
good  deal  disturbed  by  the  enlistment  of  militiamen  as  volunteers  at 
the  outbreak  of  the  war  with  Spain,  in   1898.     Section  60  attempts 
nothing  beyond  a  summary  of  the  provisions  of  the  constitution  and 
laws. 

2  Constitution  of  Maine,  Art.  I.,  Sec.  17. 

8  Freeman,  Supplement,  109.  4  Ibid.,  ill,  Sec.  12. 

L 


146  Government  of  Maine 

Enlistment.  The  National  Guard  of  the  State  of  Maine,  or 
active  militia,  consists  of  those  persons  who  have 
enlisted  for  military  service  under  the  State  accord- 
ing to  law.  The  term  of  enlistment  is  three  years, 
enlistment  being  accomplished  by  signing  an  enlist- 
ment book  and  taking  a  prescribed  oath.  No  one 
may  be  mustered  into  the  service  of  the  State  unless 
certified  by  a  military  surgeon  to  be  able  bodied  and 
capable  of  doing  military  duty.  The  age  limit  for 
enlistment  is  sixteen  to  forty  years,  but  a  minor  is 
not  enlisted  in  time  of  peace  without  the  written  con- 
sent of  his  parent  or  guardian.1  Enlisted  men  must 
reside  in  the  town  in  which  the  armory  of  the  organ- 
ization in  which  they  enlist  is  situated,  or  within  a 
radius  of  seven  miles.2 

Organization  The  size  and  general  organization  of  the  National 
Guard  are  fixed  bY  law-  At  present  the  National 
Guard  consists,  on  a  peace  footing,  of  not  more  than 
twenty-four  companies  of  infantry,  one  battery  of 
light  artillery,  two  troops  of  cavalry,  an  ambulance 
corps,  and  a  signal  corps.  Each  company  of  infan- 
try contains  not  less  than  thirty-two  nor  more  than 
ninety-two  privates,  besides  the  necessary  officers ; 
and  twelve  companies,  organized  into  three  battal- 
ions of  four  companies  each,  make  a  regiment.  A 
battery  of  artillery  numbers  sixty  to  eighty  privates, 
a  troop  of  cavalry  forty-two  to  fifty-six,  the  ambu- 
lance corps  twelve  to  sixteen,  and  the  signal  corps 
ten  to  fifteen,  besides  officers.3 

The  constitution  provides  that  captains  and  subal- 

1  Freeman,  Supplement,  115,  Sec.  31. 

2  Public  Laws,  1901,  Chap.  167,  Sec.  2. 

8  Freeman,  Supplement,  114-116,  passim. 


The  Protection  and  Comfort  of  the  State     147 

terns  of  the  militia  shall  be  elected  by  the  written  Election  of 
votes  of  the  members  of  their  respective  companies,  officers- 
field-officers  of  regiments  by  the  written  votes  of  the 
captains  and  subalterns  of  their  respective  regiments, 
and  brigadier-generals  by  the  field-officers  of  their 
respective  brigades.1  Major-generals  are  chosen  by 
the  Senate  and  House  of  Representatives,  each  house 
having  a  negative  on  the  other.  The  adjutant-gen- 
eral, who  is  also  at  present  quartermaster-general, 
paymaster-general  and  chief  of  staff,  is  appointed  by 
the  governor.  Major-generals,  brigadier-generals,  and 
commanding  officers  of  regiments  and  battalions 
appoint  their  respective  staff  officers.  The  com- 
mander-in-chief  is  the  governor,  and  all  military 
officers  are  commissioned  by  him.2 

The  municipal  officers  of  each  town  or  city  in  Armories 
which  a  detachment  of  the  National  Guard  is  lo-  and  drin- 
cated  are  required  to  provide  a  suitable  drill  room 
and  armory.  For  the  rent  of  such  accommodations, 
a  sum  not  exceeding  $100  a  year  is  paid  by  the 
State.  A  suitable  rifle  range  must  also  be  provided. 
Every  company  is  required  to  assemble  for  drill 
twice  a  month.  A  meeting  of  the  commissioned 
officers  of  each  regiment  for  military  instruction  is 
held  at  least  once  a  year,  while  the  annual  encamp- 
ment, or  muster,  brings  together  annually  the  whole 
National  Guard  for  inspection  and  drill. 

The   enrolled   militia   are    subject   to   active  duty  Active 
"  only  in  case  of  war,  or  to  prevent  or  repel  invasion,  service- 
or  to   suppress   insurrection    or   riot,  or  to   aid   civil 
officers  in  the  execution  of  the  law."     When  so  sum- 
moned, each  city,  town,  and  plantation  is  required  to 

1  Constitution  of  Maine,  Art.  VII.     2  Ibid.,  Amendment  XXVIII. 


148 


Government  of  Maine 


Domestic 
disorder. 


Military 
discipline. 


furnish  its  quota,  credit  being  given  for  such  repre- 
sentatives as  it  may  have  in  the  National  Guard.1  If 
a  sufficient  number  do  not  volunteer  in  response  to 
the  call,  a  "draft"  may  be  ordered,  names  being 
drawn  by  lot  from  the  enrolled  list. 

The  provision  for  calling  out  troops  to  suppress 
domestic  violence  reads  as  follows :  "  When  there 
is,  in  any  county,  a  tumult,  riot,  mob,  or  a  body  of 
men  acting  together  by  force  with  intent  to  commit 
a  felony,  or  to  offer  violence  to  persons  or  property, 
or  by  force  and  violence  to  break  and  resist  the  laws 
of  the  State,  or  of  the  United  States,  or  when  such 
tumult,  riot,  or  mob  is  threatened,  and  the  fact  is 
made  to  appear  to  the  commander-in-chief,  or  any 
justice  of  the  supreme  judicial  court  in  term-time  or 
vacation,2  the  commander-in-chief  may  issue  his  order, 
or  such  justice  may  issue  a  precept,  directed  to  any 
commander  of  a  brigade,  regiment,  or  company,  di- 
recting him  to  order  his  command,  or  a  part  thereof, 
describing  the  kind  and  number  of  troops,  to  appear 
at  the  time  and  place  therein  specified,  to  aid  the 
civil  authorities  in  suppressing  such  violence  and 
supporting  the  laws."3 

For  the  maintenance  of  discipline,  particularly 
when  troops  are  in  active  service,  a  strict  code  of 
military  law,  swifter  and  more  effective  than  the 
ordinary  criminal  law  of  a  State,  is  relied  upon.  The 
trial  of  offences  is  by  a  court-martial,  composed  of 
officers  and  acting  without  a  jury.  Punishment  may 

1  Freeman,  Supplement,  1 10. 

2  The  justice  would  be  appealed  to  only  in  case  of  the  absence  of 
the  governor  or  his  refusal  to  act. 

8  Public  Laws,  1899,  Chap.  128,  Sec.  7. 


The  Protection  tm£^C0mf0rrof  the  State     149 

extend  to  fine,  imprisonment,  dishonorable  discharge, 
or  other  suitable  penalty,  but  the  governor  as  com- 
mander-in-chief  may  grant  pardons  or  other  mitiga- 
tions of  sentence.  Where,  in  cases  of  invasion  or 
rebellion,  the  disorder  and  danger  are  so  great  that  Martial  law. 
the  ordinary  operations  of  government  cannot  go  on, 
"  martial  law  "  may  be  declared,  and  all  persons,  both 
within  and  without  the  military  service,  be  brought 
for  a  time  under  the  absolute  control  of  the  military 
commander;  but  the  suspension  of  the  privilege  of 
the  writ  of  habeas  corpus  and  other  civil  guarantees  may 
not  continue  longer  than  is  imperatively  necessary.1 
Military  rule  is  of  necessity  arbitrary  rule,  and  its  ex- 
tension into  the  sphere  of  ordinary  civil  life  is  care- 
fully guarded  against  by  the  constitution  and  laws. 

The  legislature  in  1899   authorized  the  establish-  Naval 
ment,  as  a  part  of   the  National  Guard,  of   a  naval  reserve- 
reserve    and    provided    for    its    organization.2     The 
system  of  administration  and   instruction  conforms 
as  near  as  may  be  to  that  of  the  navy  of  the  United 
States,  duty  being  performed  afloat  when  possible; 
otherwise,  the  government  of  the  naval  reserve  follows 
that  prescribed  for  the  National  Guard. 

61.    PENSIONS 

Any  person  who  served  by  enlistment  in  the  army  Who  may 
or  navy  of  the  United  States  during  the  Civil  War, 
on  the  quota  of  Maine,  and  any  person  who  saw  sim- 
ilar service  and  who,  though  not  on  the  quota  of 
Maine,  was  a  resident  of  Maine  at  the  date  of  his 
enlistment,  and  has  resided  in  the  State  five  years  at 

1  Constitution  of  Maine,  Art.  I.,  Sec.  10. 

2  Public  Laws,  7^99,  Chap.  46. 


Government  of  Maine 

the  time  of  his  application  for  a  pension,  and  also 
any  person  who  saw  similar  service  on  the  quota  of 
Maine  in  the  war  with  Spain,  in  1898,  and  who  is 
disabled  by  wounds  or  disease,  and  in  consequence 
unable  to  earn  a  livelihood  for  himself  and  those 
dependent  upon  him,  is  entitled,  if  honorably  dis- 
charged from  the  service,  to  a  pension  of  not  over 
$8  a  month.1  Similar  provision  is  made  for  depend- 
ent widows,  children,  parents,  and  sisters. 

The  execution  of  the  law  is  devolved  upon  the  gov- 
ernor and  council.2  The  amount  appropriated  for 
pensions  in  1902  was  $80,000. 

62.   STATE  CHARITIES 

Local  care  The  support  and  care  of  the  dependent  poor,  or 
of  poor.  paupers,  devolve  in  Maine  on  the  local  communities, 
money  for  the  purpose  being  raised  as  are  other  local 
taxes.  Persons  in  need  of  relief  found  in  unincor- 
porated places  are  under  the  care  of  the  overseers  of 
the  poor  of  the  oldest  incorporated  adjoining  town, 
or  the  nearest  incorporated  town  where  there  are 
none  adjoining,  and  if  the  persons  have  no  legal  set- 
tlement 3  in  the  State,  the  amount  expended  for  their 
assistance  is  reimbursed  by  the  State.  Persons  who 
are  partially  dependent  are  usually  assisted  at  their 
homes,  being  frequently  classed  in  town  reports  as 
"  poor  out  of  the  house  " ;  those  who  are  wholly  de- 
pendent are  committed  to  the  poorhouse.  Honorably 
Soldiers  and  discharged  soldiers  and  sailors  of  the  Civil  War,  how- 
ever, if  dependent,  are  not  considered  as  paupers, 

1  Public  Laws,  1899,  Chap.  10. 

2  A  pension  clerk  is  appointed  for  clerical  and  office  work. 
8  See  Revised  Statutes  (1883),  Chap.  24,  Sec.  I. 


The  Protection  and  Comfort  of  the  State     151 

nor  may  they  or  their  families  be  sent  to  the  poor- 
house.1  With  the  two  exceptions  just  named,  paupers 
are  not  entitled  to  vote  in  any  election. 

The  orphan  children  of  honorably  discharged  sol-  Military 

,        .,  .  ,     ,  r  .    C,A  ,    and  Naval 

diers  and  sailors  are  provided  for  at  State  expense  at  orphan 
the  Bath  Military  and  Naval  Orphan  Asylum,  estab-  Asylum. 
lished  in  1866.    The  asylum  is  not  a  State  institution, 
but  four  of  the  trustees  are  appointed  by  the  governor. 

For  the  care  of  the  insane  the  State  maintains  two  insane 
hospitals,  the  Maine  Insane  Hospital  at  Augusta,  and  osplt* 
the  Eastern  Maine  Insane  Hospital  at  Bangor.  The 
control  of  both  institutions  is  vested  in  a  board  of 
seven  trustees,  one  of  whom  must  be  a  woman,  ap- 
pointed during  the  pleasure  of  the  governor  and  coun- 
cil, with  three  years  as  the  maximum  term  under  any 
one  appointment.  The  trustees  appoint  the  superin- 
tendents, who  must  be  physicians,  and  other  necessary 
officers,  and  are  required  to  make  frequent  inspec- 
tions and  written  reports.  The  number  of  patients 
who  can  be  accommodated  is  apportioned  among 
the  towns  according  to  population. 

Insane  persons  not  otherwise  provided  for  by  rela-  Commit- 
tives  or  friends  are  committed  to  one  of  the  hospitals  r 
by  the  municipal  officers,  after  proper  examination. 
If  the  relatives  are  unable  to  pay  for  the  patient's 
support,  the  sum  of  $1.50  a  week  is  charged  to  the 
State,    and    deducted    from    the    amount    charged 
to  the  town.     Insane  criminals  are  usually  confined 
in  the  insane  department  of  the  State  prison. 

The    Maine    School   for  the    Deaf,    at   Portland,  School  for 
passed  into  the  control  of  the  State  in  1897,2  having  the  Deaf- 

1  Freeman,  Supplement,  191. 

2  Private  and  Special  Laws,  Chap.  446. 


152 


Government  of  Maine 


The  blind. 


been  conducted  since  its  establishment,  in  1876,  as  a 
private  institution.  The  managing  body  is  a  board 
of  five  trustees,  appointed  by  the  governor  and  council 
for  five  years.  The  school  is  open  to  deaf  and  dumb 
children  not  less  than  five  years  old. 

Blind  children  may,  on  the  request  of  their  parents 
or  guardians,  be  sent  for  ten  years  to  the  Perkins 
Institute  for  the  Blind,  at  Boston,  the  entire  expense 
being  borne  by  the  State.  The  administration  of  the 
law  is  in  the  hands  of  the  governor  and  council,  who 
are  specially  charged  to  make  no  distinction  "on 
account  of  the  wealth  or  poverty  of  the  parents  or 
guardians  of  such  children."  l 

The  State  does  not  maintain  general  hospitals  or 
similar  institutions,  but  considerable  grants  in  aid 
of  such  as  are  maintained  by  private  associations  or 
corporations  are  commonly  made  by  the  legislature. 
While,  in  a  strict  constitutional  view,  such  grants  are 
perhaps  open  to  question,  the  fact  that  hospitals  and 
infirmaries  usually  perform  a  large  amount  of  gratui- 
tous service,  and  depend  mainly  upon  gifts  for  their 
support,  gives  them  a  quasi-public  character  which  is 
regarded  as  sufficient  to  justify  appropriations  of  pub- 
lic money  for  their  benefit. 

63.    CORRECTIONAL  INSTITUTIONS 

In  dealing  with  the  defective  and  unfortunate 
classes,  the  aim  of  the  State  is,  while  removing  such 
individuals  from  immediate  contact  with  the  rest  of 
the  community,  to  secure  for  them  such  reasonable 
degree  of  happiness  as  their  circumstances  will  per- 

1  Freeman,  Supplement,  141. 


The  Protection  and  Comfort  of  the  State     153 

mit,  and  to  give  them,  as  far  as  possible,  the  advan- 
tages of  education.  Nothing  but  moral  and  social 
injury  could  result  from  allowing  the  insane  or  feeble- 
minded, the  helpless  or  dependent  blind  and  dumb, 
to  mingle  freely  with  their  more  fortunate  fellows, 
and  they  are  accordingly  provided  for  in  public  insti- 
tutions, where  they  can  be  given  skilled  care  and 
supervision. 

In  the  case  of  offenders  against  the  law,  however,  The  state 
the  problem  of  the  State  is  of  a  different  sort.  Not  andcrime- 
only  must  the  State  punish  the  criminal  for  his  crime, 
but  it  must  also  do  what  it  can  to  reform  him  in  order 
that  the  likelihood  of  the  commission  of  further  of- 
fences by  him  may  be  diminished.  While  the  fear  of 
punishment  doubtless  restrains  many  who  without  it 
would  not  hesitate  to  break  the  law,  it  does  not  al- 
ways so  act,  particularly  in  the  case  of  those  who 
have  frequently  offended ;  on  the  other  hand,  those 
whose  characters  are  not  yet  formed  may  often  be 
reclaimed  by  judicious  methods  at  the  same  time  that 
they  are  undergoing  punishment  for  offences  of  which 
they  may  have  been  guilty.  The  correctional  work 
of  the  State,  accordingly,  falls  into  two  classes,  that 
which  is  punitive  and  that  which  is  reformatory. 

Persons  convicted  of  minor  offences  punishable  by  jails, 
short   terms   of   imprisonment  are   confined   in   the 
county  jail,  where  they  are  under  the  care  of  the 
sheriff  and  may  be  employed  at  any  suitable  occu- 
pation.    For  adult  criminals  convicted  of  more  seri- 
ous  offences   the   State    maintains   a   State   prison,  state  prison, 
located  at  Thomaston.     The  supervision  of  the  State 
prison  is  vested  in  the  governor  and  council,  but  its 
immediate  government   and   direction   are   devolved 


154 


Government  of  Maine 


Employment 
of  convicts. 


Inspectors. 


Reform 
School. 


upon  a  board  of  three  prison  and  jail  inspectors,  with 
a  warden  and  other  necessary  officials  and  guards. 
The  inspectors  and  warden  are  appointed  by  the  gov- 
ernor and  council  for  not  more  than  four  years. 

All  convicts  are  regularly  employed  in  some  form 
of  labor,  preferably  in  the  manufacture  of  articles 
not  manufactured  elsewhere  in  the  State,  not  more 
than  one-fifth  of  the  male  convicts,  however,  being 
employed  in  any  one  industry  at  any  one  time. 
Articles  so  manufactured  are  required  to  be  labelled 
or  branded,  "  Manufactured  at  the  Maine  State 
Prison." l  By  good  conduct  a  convict  can  obtain 
a  reduction  of  the  term  of  sentence  to  the  extent  of 
seven  days  for  each  month.  The  latter  provision  does 
not,  of  course,  apply  to  those  sentenced  to  imprison- 
ment for  life. 

The  jurisdiction  of  the  inspectors  extends  also  to 
the  county  jails.  They  are  required  to  visit  each 
jail  every  three  months,  and  are  given  considerable 
powers  with  regard  to  the  repair  and  management  of 
jails,  the  removal  of  prisoners  from  one  jail  to  an- 
other, and  similar  matters. 

The  State  Reform  School  at  South  Portland  is 
under  the  control  of  a  board  of  five  trustees,  ap- 
pointed by  the  governor  and  council  for  not  more 
than  four  years.  Any  boy  between  the  ages  of  eight 
and  sixteen  years,  who  is  convicted  of  an  offence 
punishable  by  imprisonment  in  a  house  of  correction 
or  county  jail,  or  in  the  State  prison  for  a  term  other 
than  life,  may  be  committed  to  the  school  for  the 
remainder  of  his  minority.  If  the  boy  reforms,  he 
may  be  discharged ;  if  he  grows  worse,  he  is  trans- 

1  Freeman,  Supplement,  518. 


The  Protection  and  Comfort  of  the  State     155 

f  erred  to  the  jail  or  prison  to  which  his  offence 
would  originally  have  sent  him.  The  inmates  of  the 
school  are  taught  farming  and  useful  trades,  and 
may  be  bound  out  to  service,  the  probation  in  the 
latter  case  being  conditioned  on  good  behavior  and 
obedience  to  the  laws  of  the  State. 

The  Maine  Industrial  School  for  Girls  at  Hallow-  industrial 
ell,  opened  in  1875,  was  transferred  to  the  control  of  s 
the  State  in  iS.1     The  direction  of  the  school  is  in 


the  hands  of  a  board  of  six  trustees,  appointed  by  the 
governor  and  council  for  five  years.  The  State 
superintendent  of  public  schools  is  a  trustee  ex  officio, 
and  two  of  the  trustees  must  be  women.  The  school 
undertakes  to  do  for  delinquent  girls  what  the  Re- 
form School  does  for  delinquent  boys. 

64.   LABOR 

In  1887  there  was  established  a  Bureau  of  Indus-  Bureau  of 
trial  and  Labor  Statistics,  the  duties  of  which  are  Labor* 
"to  collect,  assort,  systematize,  and  present  in  an- 
nual reports  to  the  governor,  to  be  by  him  transmitted 
biennially  to  the  legislature,  statistical  details  relating 
to  all  departments  of  labor  in  the  State,  especially  in 
its  relation  to  the  commercial,  industrial,  social,  edu- 
cational, and  sanitary  condition  of  the  laboring  people, 
and  to  the  permanent  prosperity  of  the  productive 
industries  of  the  State;  and  also  to  inquire  into  the 
immediate  causes  of  strikes,  lock-outs,  or  other  dis- 
turbances of  the  relations  between  employers  and 
employees."2  The  commissioner  at  the  head  of  the 

1  Public  Laws,  1899,  Chap.  127. 

2  Freeman,  Supplement,  289,  290. 


156  Government  of  Maine 

bureau  is  appointed  biennially  on  the  first  Wednes- 
day in  February  by  the  governor  and  council.  All 
State  and  local  officials  are  required  to  furnish  such 
information  as  they  possess  on  the  subjects  com- 
mitted to  the  bureau,  when  requested,  and  the  com- 
missioner has  access,  for  the  purposes  of  his  inquiries, 
to  all  State  institutions,  and  to  factories,  workshops, 
mines,  and  other  establishments  during  business 
hours. 

Factory  For  the  enforcement  of  the  law  relating  to  the 

tor*  hours  of  labor  and  the  employment  of  women  and 
children  in  factories  and  other  industrial  establish- 
ments, there  is  appointed  biennially  by  the  governor 
and  council  an  inspector  of  factories,  workshops, 
mines,  and  quarries.  In  addition  to  his  other  duties, 
the  inspector  assists  in  the  collection  of  statistics  and 
other  information  desired  by  the  bureau  of  industrial 
and  labor  statistics.1 

Anti-trust  A  law  to  prevent  the  formation  of  trusts  was  passed 

law.  jn  j  33^2  f-fte  state  having  previously  had  no  law  of 

this  character,  although  the  common  law  had  always 

held  "  combinations  in  restraint  of  trade  "  to  be  illegal. 

Section  I.  of  the  act  reads  as  follows  :  — 

"  It  shall  be  unlawful  for  any  firm  or  incorporated 
company,  or  any  number  of  firms  or  incorporated 
companies,  or  any  unincorporated  company,  or  asso- 
ciation of  persons  or  stockholders,  organized  for  the 
purpose  of  manufacturing,  producing,  refining,  or 
mining  any  article  or  product  which  enters  into 
general  use  and  consumption  by  the  people,  to  form 
or  organize  any  trust,  or  to  enter  into  any  combina- 
tion of  firms,  incorporated  or  unincorporated  com- 

1  Freeman,  Supplement,  294.  2  Ibid.,  295,  296. 


The  Protection  and  Comfort  of  the  State     157 

panics,  or  association  of  stockholders,  or  to  delegate 
to  any  one  or  more  board  or  boards  of  trustees  or 
directors  the  power  to  conduct  and  direct  the  business 
of  the  whole  number  of  firms,  corporations,  com- 
panies, or  associations  which  may  have,  or  which  may 
propose  to  form  a  trust,  combination  or  association 
inconsistent  with  the  provisions  of  this  section  and 
contrary  to  public  policy." 

Violation  of  the  above  provisions  is  punishable  by 
a  fine  of  not  less  than  $5000  nor  more  than  $10,000. 

65.   PUBLIC  HEALTH 

One  of  the  most  important  services  which  the  State 
performs  has  to  do  with  the  prevention  and  treatment 
of  disease,  and  the  increasing  good  health  of  the 
community  as  evidenced  by  the  low  death-rate  is 
largely  due  to  the  vigilance  of  the  State  in  this  direc- 
tion. The  State  not  only  licenses  physicians,  dentists, 
and  pharmacists,1  but  also  takes  particular  supervi- 
sion of  the  treatment  of  contagious  diseases. 

At  the  head  of  the  system  of  regulation  is  the  state  board 
State  board  of  health,  established  in  i885,2  and  con- 
sisting of  seven  members,  six  of  them  appointed  by 
the  governor  and  council,  and  one,  the  secretary  of 
the  board,  chosen  by  the  other  six.  The  term  of 
office  is  six  years,  except  for  the  secretary,  who  holds 
his  office  at  the  pleasure  of  the  board.  It  is  the 
duty  of  the  board  to  conduct  sanitary  investigations 
and  inquiries  into  the  causes  and  conditions  of  disease, 
especially  epidemic  and  contagious  diseases  ;  to  advise 

1  Through  a  board  of  registration  of  medicine,  a  board  of  dental 
examiners,  and  commissioners  of  pharmacy,  respectively. 

2  See  the  law  in  Freeman,  Supplement,  156-159. 


58 


Government  of  Maine 


Local 
boards. 


other  departments  of  the  government  concerning  the 
location,  drainage,  etc.,  of  public  buildings  ;  to  examine 
the  books  on  hygiene  used  in  the  schools ;  and  to 
direct  the  enforcement  of  the  health  laws  of  the  State. 
The  secretary,  who  is  the  executive  officer  of  the 
board,  is  also  superintendent  of  vital  statistics,  and 
under  the  general  direction  of  the  secretary  of  state 
collects  and  publishes  the  records  of  births,  marriages, 
and  deaths. 

In  each  town  and  city  there  is  a  local  board  of 
health,1  consisting  of  three  persons  appointed  by  the 
municipal  officers  for  three  years.  The  municipal  offi- 
cers may  also  appoint  a  physician  as  health  officer, 
who  acts  as  sanitary  adviser  and  executive  officer  of 
the  board,  but  such  appointments  are  uncommon  save 
in  the  larger  cities,  at  least  one  member  of  the  board 
usually  being  a  physician.  It  is  the  duty  of  the 
local  board  of  health  to  prevent,  as  far  as  possible, 
the  introduction  and  spread  of  contagious  and  infec- 
tious diseases,  to  examine  and  act  upon  complaints  of 
nuisances  dangerous  to  life  or  health,  and  to  make  by- 
laws necessary  and  proper  to  secure  the  enforcement  of 
the  health  laws.  For  the  performance  of  its  duties 
the  board  is  invested  by  law  with  ample  and  summary 
powers  over  both  persons  and  property.  An  annual 
report  of  proceedings,  in  addition  to  immediate  reports 
of  cases  of  certain  diseases,  is  made  to  the  State  board 
of  health. 

For  the  detection   and   prevention  of   contagious 
Commission,    diseases  among  cattle,  horses,  and  sheep,  the  State  of 
Maine  Cattle  Commission,  consisting  of  three  persons 
appointed  by  the  governor  and  holding  office  during 

1  The  law  is  in  Freeman,  Supplement,  159-164. 


Cattle 


The  Protection  and  Comfort  of  the  State     159 


his  pleasure,  was  created  in  iSSQ.1  A  quarantine  may 
be  established  against  animals  from  a  locality  in  which 
disease  is  found,  and  diseased  animals  may  be  killed, 
the  owners  being  paid  by  the  State  for  the  property 
thus  destroyed. 

66.    THE  PROHIBITORY  LAW 

During  the  first  quarter  of  the  nineteenth  century  History. 
public  opinion  in  a  number  of  States  began  to  turn 
strongly  against  the  almost  universal  use  of  intoxicat- 
ing liquors  as  beverages.  The  American  Society  for 
the  Promotion  of  Temperance,  organized  in  1826,  cle- 
clared  in  1836  for  total  abstinence,  while  the  Washing- 
toman  Temperance  Society,  organized  at  Baltimore  in 
1840,  sought  to  reform  habitual  drunkards.  The 
demand  for  the  suppression  of  liquor-selling  cul- 
minated in  Maine  in  the  passage,  in  1851,  of  the  first 
State  prohibitory  law.  The  law  has  been  amended  in 
one  particular  or  another  at  almost  every  session  of  the 
legislature  since  its  enactment.  In  1884  the  principle 
of  prohibition  was  embodied  in  an  amendment  to  the 
constitution.2 

Under  the  "Maine  law,"  as  it  is  often  called,  the  The  "Maine 
manufacture  and  sale  of  intoxicating  liquors,  except  the  law*  " 
sale  of  liquor  for  medicinal  and  mechanical  purposes 
and  the  arts,  are  absolutely  prohibited.    The  legal  provi- 
sions for  the  enforcement  of  the  law  are  exceedingly 
detailed,  while  the  officials  upon  whom  the  enforcement 
falls  are  given  extensive  and  summary  powers.     The 
principal  responsibility  for  the  enforcement  of  the  law 

1  Freeman,  Supplement,  168-172. 

3  Constitution  of  Maine,  Amendment  XXVI. 


160  Government  of  Maine 

devolves  upon  the  county  attorney  and  the  sheriff  and 
his  deputies.  The  penalty  for  violation  of  the  prohib- 
itory law  may  be  either  fine  or  imprisonment,  but  the 
former  is  the  one  most  commonly  imposed.1 

Liquor  In  order  that  opportunity  may  be  given  for  the 

purchase  of  liquors  for  medicinal,  mechanical,  and 
scientific  purposes,  a  system  of  State  and  local  agen- 
cies is  provided.  The  establishment  of  an  agency  in 
a  town  or  city  rests  with  the  municipal  officers,  who 
are  authorized  to  appoint  a  suitable  person  as  agent 
for  one  year.  All  the  liquors  kept  for  sale  are  re- 
quired to  be  purchased  of  a  State  commissioner,  ap- 
pointed by  the  governor  and  council  for  four  years. 
The  quantity  of  liquors  of  various  kinds  that  the 
commissioner  may  keep  on  hand  is  carefully  limited, 
and  all  liquors  must  be  analyzed  by  an  assayer  before 
being  sold  to  the  towns.  Neither  the  State  commis- 
sioner nor  the  local  agents  are  permitted  to  make  any 
profit  from  the  sales,  but  each  is  paid  a  salary  for  his 
services. 

Effect  of  No  subject  connected  with  the  government  or 

ie  law*  social  condition  of  Maine  has  been  so  much  discussed 
as  the  practical  working  and  effect  of  the  prohibitory 
law.  Opponents  of  the  law  have  claimed  that  it  was 
either  a  dead  letter,  or  a  license  rather  than  a  prohib- 
itory law,  and  that  its  pretended  enforcement  was  at- 
tended with  great  and  widespread  corruption,  while 
the  friends  of  the  system,  though  admitting  its  imper- 
fections, have  insisted  that  it  was,  on  the  whole,  as 
well  enforced  as  other  penal  statutes,  and  that  the 
results  obtained  were  superior  to  those  found  else- 

1  The  legal  provisions  are  to  be  found  in  the  Revised  Statutes  (1883), 
Chap.  27,  and  the  corresponding  portion  of  Freeman,  Supplement. 


The  Protection  and  Comfort  of  the  State     161 

where  under  the  license  or  local  option  systems.  The 
fact  that  the  law  has  needed  repeated  amendment, 
and  that  its  extreme  penalties  are  not  commonly  im- 
posed, is  pointed  to  by  both  sides  as  further  proof  of 
the  soundness  of  their  respective  contention. 

The  truth  seems  to  be  that,  while  the  prohibitory 
law  has  not  accomplished  all  that  was  apparently  ex- 
pected of  it,  its  results,  in  some  respects  and  in  many 
places,  have  been  beneficent.  In  the  smaller  com- 
munities and  country  districts  it  has  been  on  the  whole 
fairly  well  enforced.  In  the  cities  and  larger  towns 
enforcement  has  been  more  difficult  and  irregular, 
while  in  a  few  localities  the  law  has  been  more  or  less 
openly  disregarded.  Statistics  are  scanty  and  hardly 
reliable,  but  it  seems  probable  that,  in  the  State  at 
large,  the  law  has  been  as  generally  obeyed  as  have 
the  license  laws  of  some  other  States.  The  great 
merit  of  the  prohibitory  law  is  that,  with  the  excep- 
tion of  a  very  few  cities,  it  has  banished  the  open 
saloon  with  its  dangerous  surroundings  and  influ- 
ences. Whether  it  can  permanently  go  farther,  and 
put  an  end  to  the  illegal  sale  of  liquor  through  other 
channels,  depends  upon  the  public  zeal  with  which 
the  law  is  sustained. 

67.   PUBLIC  LANDS  AND  FORESTS 

When  Maine  was  admitted  to  the  Union  a  large 
part  of  the  land  had  not  yet  been  taken  up  by  pri- 
vate individuals,  but  remained  the  property  of  the 
State.  The  extension  of  the  settled  area  and  the 
progress  of  industrial  development  have,  of  course, 
greatly  reduced  the  area  of  the  public  domain;  but 

M 


1 62  Government  of  Maine 

considerable  tracts  are  still  public  property,  while  the 
State  continues  to  exercise  a  measure  of  control  over 
the  forests,  even  where  they  have  passed  into  private 
ownership. 

Reserved  The  policy  adopted  by  Massachusetts,  and  contin- 

lands.  ue(j  kv  Mame  after  separation,  was  that  of  a  system- 

atic survey  of  the  public  lands  at  public  expense. 
The  first  division  of  the  land  is  into  large  tracts  called 
townships.  In  each  township  is  reserved  one  thou- 
sand acres  for  the  benefit  of  the  township,  or  of  the 
town  or  plantation  that  may  subsequently  be  incor- 
porated. These  tracts  are  known  as  ''reserved 
lands."  So  long  as  the  township  is  unincorporated, 
the  reserved  lands  remain  under  the  care  of  the  State, 
and  the  timber  and  grass  may  be  sold.  When  a 
township  is  incorporated  as  a  town,  the  reserved 
lands  become  the  property  of  the  town,  the  proceeds 
from  their  sale,  or  any  other  revenue  derived  from 
them,  being  added  to  the  school  fund  of  the  town. 
Many  towns  in  Maine  still  retain  considerable  por- 
tions of  the  common  lands  of  which  they  originally 
became  possessed  at  incorporation,  but  the  cases  ap- 
pear to  be  few  in  which  the  lands  have  been  made 
an  important  source  of  revenue. 

Land  The  immediate  oversight  of  the  State  lands  is  in- 

agent.  trusted  to  a  land  agent,  appointed  by  the  governor 

and  council  and  holding  office  during  their  pleasure. 
The  law  provides  that  he  shall  not,  either  when  ap- 
pointed or  during  his  term  of  office,  be  either  directly 
or  indirectly  concerned  in  the  lumber  business  on  the 
State  lands,  or  in  the  purchase  of  such  lands  or  the 
timber  and  grass  on  them.  Sales  of  lands  are  made 
through  him,  and  deeds  on  behalf  of  the  State  are 


The  Protection  and  Comfort  of  the  State     163 

executed  by  him.  The  land  agent  and  governor  and 
council  constitute  a  board  under  whose  direction  all 
surveys  are  made. 

Lands  for  actual  settlement  are  sold  at  a  uniform  Sale  of 
price  of  thirty-five  cents  an  acre,  not  more  than  two 
hundred  acres  being  sold  to  any  one  person.  In  pay- 
ment the  purchaser  gives  two  notes,  payable  in  one 
and  two  years  in  labor  on  the  roads  in  the  township 
where  the  land  lies,  the  purchaser  being  further  re- 
quired to  establish  his  residence  on  the  land  within 
two  years  from  the  date  at  which  it  is  assigned  to  him. 

If  the  conditions  of  the  purchase  are  duly  performed, 
the  purchaser  receives  a  deed  of  the  land ;  if  not, 
the  land  is  forfeited  to  the  State  and  may  be  resold. 

Timber  land  not  suitable  for  settlement  is  offered  Timber 
for  sale  in  large  tracts  to  the  highest  bidder,  a  mini-  1{ 
mum  price  being  fixed  by  the  land  agent.     In  addi- 
tion, the  land  agent  may  grant  permits  to  individuals 
to  cut  and  haul  timber  on  State  lands,  the  cutting 
being  done  under  the  direction  of  surveyors  appointed 
by  the  agent.     Trespassers  on  the  public  lands  are 
liable  to  suit  in  any  county  for  the  injury  done. 

The  land  agent  is  also  the  forest  commissioner  of  Forest  com- 
the  State.  As  such  it  is  his  duty  to  study  and  report  missioner- 
on  the  condition  of  the  forests,  the  methods  and 
effects  of  cutting  timber,  the  results  of  fires  and  waste- 
ful cutting,  and  the  effect  of  the  diminution  of  the 
forests  on  the  water  supply  and  water  power  of  the 
State.  Special  laws  are  enacted  to  prevent  forest 
fires  and  punish  the  persons  or  corporations  respon- 
sible for  them.  The  selectmen  of  towns  are  ex 
officio  forest  fire  wardens  for  their  respective  towns ; 
fish  and  game  wardens  are  State  fire  wardens ;  and 


164 


Government  of  Maine 


forest  fire  wardens   for   unorganized   places  are  an- 
nually appointed  by  the  county  commissioners. 


Fish  and 
game  com- 
missioners. 


Game 
wardens. 


Sea  and 

shore 

fisheries. 


68.    FISH  AND  GAME 

The  popularity  of  Maine  as  a  resort  for  hunting 
and  fishing,  and  the  large  money  value  of  the  busi- 
ness which  these  sports  bring  into  the  State,  has  led 
to  the  enactment  of  elaborate  laws  for  the  preserva- 
tion of  fish  and  game.  For  the  enforcement  of  the 
laws  a  board  of  commissioners  of  inland  fisheries  and 
game  is  provided  for.  Of  the  three  commissioners, 
one  is  the  State  land  agent,  the  others  being  ap- 
pointed for  three  years  by  the  governor  and  council. 
Subject  to  the  laws  of  the  State,  the  commissioners  are 
empowered  to  regulate  the  times  and  places  of  taking 
fish  and  game,  and  may  prohibit  the  taking  of  any 
kind  of  game  or  fish  for  not  more  than  four  years. 
They  also  prosecute  violations  of  the  game  laws,  be- 
ing aided  in  the  enforcement  of  the  law  by  fish  and 
game  wardens,  appointed  by  the  governor  and  council 
on  the  recommendation  of  the  commissioners.  No 
person  may  act  regularly  as  a  guide  for  inland  fishing 
or  forest  hunting  unless  registered  by  the  commis- 
sioners, nor  keep  a  sporting  camp  without  a  license. 

The  control  of  the  State  over  salt-water  fishing  is 
exercised  through  a  commissioner  of  sea  and  shore 
fisheries,  appointed  for  three  years  by  the  governor 
and  council.  The  duties  of  the  commissioner  extend 
to  the  supervision  of  the  fisheries  and  their  products 
taken  from  tide  waters  within  the  State,  including 
the  enforcement  of  laws  relating  to  the  packing  and 
transportation  of  fish.  He  is  assisted  in  his  duties 


The  Protection  and  Comfort  of  the  State     165 

by  fish  wardens,  and  by  inspectors  in  places  where 
fish  are  cured  or  packed  for  exportation. 

69.    INDIANS 

Of  the  numerous  Indians  who  for  many  years 
occupied  the  territory  of  what  is  now  the  State  of 
Maine,  there  remain  only  the  remnants  of  two  tribes, 
the  Penobscot  and  Passamaquoddy.  In  all  essential 
respects  they  are  the  wards  of  the  State,  but  the 
method  of  dealing  with  them  is  a  curious  combination 
of  tribal  independence  and  State  guardianship. 

For  each  tribe  there  is  an  agent,  appointed  by  the 
governor  and  council  and  holding  office  during  their 
pleasure,  whose  duty  it  is  to  care  for  the  property 
belonging  to  the  tribe  and  supervise  the  expenditure 
of  the  money  appropriated  by  the  State  for  their  ben- 
efit. The  landed  property  of  the  tribe  is  unalienable, 
but  equitable  parts  of  it  are  assigned  to  individuals  or 
families  for  cultivation  or  other  use,  and  may  be  by 
them  transferred  to  other  members.1  The  money 
paid  by  the  State  for  such  Indian  lands  as  have 
passed  into  its  control  is  held  as  a  trust  fund,  the 
income  being  expended  for  the  support  of  the  tribes, 
in  addition  to  special  appropriations  made  by  the  leg-  Indian  funds, 
islature  from  time  to  time.  Considerable  income  is 
also  derived  from  the  lease  of  land  and  territorial 
rights,  such  as  mill,  logging,  and  rafting  privileges. 

Membership  in  the  Penobscot  tribe  can  be  acquired  Penobscot 
only  by  birth,   or   by  adoption,  or  by  marriage  of 
women  of  Indian  descent  to  a  male  member  of  the 

1  Indians  of  a  tribe  may  convey  land  to  each  other,  but  not  to 
whites;  and  no  Indian  is  allowed  to  accumulate  more  than  his  fair 
share. 


1 66  Government  of  Maine 

tribe.1  For  the  regulation  of  the  adoption  of  mem- 
bers, the  tribe  chooses  annually  a  tribal  committee  of 
twelve  members,2  equally  divided  between  the  so- 
called  "  old  party  "  and  "  new  party."  3  The  commit- 
tee meets  annually  with  the  superintending  school 
committee  of  Oldtown  for.  the  purpose  of  informing 
the  school  committee  as  to  who  are  members  of  the 
tribe.  Membership  and  its  rights  are  regulated  by 
statute,  reserving  to  the  tribal  committee  the  right  of 
adoption.  Abandonment  of  the  tribe,  or  residence 
for  five  years  outside  the  reservation,  forfeits  mem- 
bership, and  in  consequence,  all  claim  to  a  share  in 
the  rentals  or  other  income  of  the  tribe. 

Government.  Once  in  two  years  the  Penobscot  Indians  elect  a 
governor  and  lieutenant  governor  for  the  tribe,  and  a 
representative  to  the  State  legislature.4  The  Passama- 
quoddy  Indians,  now  divided  into  two  groups,  elect  a 
governor,  a  lieutenant  governor  and  seven  councillors 
for  each  division,  and  jointly  a  delegate  to  the  legisla- 
ture. The  Indian  representatives  in  the  legislature 
have  seats  in  the  House  of  Representatives,  but  no  votes. 
The  property  and  persons  of  Indians  are  not  taxed,  nor 
can  the  right  of  suffrage  be  exercised,  so  long  as  the 
tribal  connection  is  maintained.  The  only  way,  there- 
fore, by  which  an  Indian  may  become  a  citizen  is  to 
renounce  his  tribal  allegiance  and  live  independently. 

1  Public  Laws,  iqoi,  Chap.  324. 

2  Ibid.,  1899,  Chap.  30. 

8  The  beginning  of  the  division  into  an  "old  party"  and  a  "new 
party"  dates  from  about  1830,  the  grounds  of  the  division  being  the 
personal  relations  between  the  sagamore,  the  highest  officer,  and  the 
sachem,  the  second  in  rank.  The  parties  seem  to  have  been  formally 
recognized  about  1838. 

4  Freeman,  Supplement,  107. 


CHAPTER  X 

REVENUE  AND  EXPENDITURE 

70.  REFERENCES 

The  general  laws  regarding  taxation  are  set  forth  in  Chap.  6  of  the 
Revised  Statutes  (1883),  and  the  corresponding  portions  of  Freeman's 
Supplement ;  but  important  changes,  especially  in  the  taxation  of  cor- 
porations, have  been  made  since  the  date  of  the  latter  volume,  and 
reference  must  therefore  be  had  to  the  session  laws  of  1897,  1899,  and 
1901.  Detailed  exhibits  of  the  financial  condition  of  the  State  are  pub- 
lished biennially  in  the  reports  of  the  treasurer  and  the  board  of  State 
assessors.  The  recommendations  of  the  governors  in  their  biennial 
messages  are  also  important.  Cities,  counties,  towns,  and  village  cor- 
porations usually  publish  fairly  satisfactory  statements  of  their  financial 
condition.  On  taxation,  see  particularly  Verrill,  Maine  Civil  Officer, 
Chap.  4. 

Plehn,  Introduction  to  Public  Finance,  Adams,  The  Science  of 
Finance,  and  Bryce,  American  Commonwealth,  I.,  Chap.  43,  are 
important  general  references. 

71.   RECEIPTS   AND    EXPENSES 

While  the  successful  performance  of  governmental 
duties,  whether  by  the  State  or  by  the  local  commu-  of  money, 
nity,  depends  upon  the  ready  cooperation  of  the  citizens 
and  the  cheerful  subordination  of  personal  to  public 
interests,  the  conduct  of  government  business  demands 
regular  and  adequate  supplies  of  money  as  much  as 
does  the  business  of  any  individual  or  corporation. 
The  officers  of  the  government  must  be  paid  for  their 
services,  necessary  public  buildings  must  be  built  and 
maintained,  schools  and  philanthropic  institutions  must 

167 


i68 


Government  of  Maine 


Comparison 
with  private 
expenditure. 


Taxation. 


be  established  and  supported,  works  of  public  improve- 
ment must  be  carried  on,  and  the  defence  of  the  State 
against  invasion  or  domestic  violence  must  be  pro- 
vided for.  If  the  receipts  are  not  sufficient  to  meet 
the  necessary  expenditures,  money  must  be  borrowed, 
to  be  repaid  eventually  with  interest.  In  hardly  any 
direction  can  the  State  move  forward  at  all  without 
some  outlay  of  money,  and  the  more  rapid  and  vigor- 
ous the  growth  of  the  State,  and  the  greater  the  mul- 
tiplicity and  variety  of  its  interests,  the  greater  in 
proportion  must  be  its  scale  of  expenditure. 

There  is  one  very  important  difference,  however, 
between  the  expenditure  of  a  State  and  that  of  a 
private  individual  or  corporation.  Expenditures  on 
private  account,  in  the  regular  course  of  business,  are 
made  with  a  view  to  a  return,  or  profit,  on  the  amount 
laid  out.  When  men  engage  in  business,  they  do  so 
for  the  purpose  of  making  money.  The  State,  how- 
ever, is  not  a  money-making  institution.  The  money 
which  it  takes  from  its  citizens  from  year  to  year  is 
intended  to  be  only  sufficient  in  amount  to  cover  the 
expenses  of  the  year,  and  carefully  itemized  statements 
of  receipts  and  expenditures  are  published  in  order  that 
the  people  may  see,  not  only  the  sources  from  which 
the  funds  of  the  State  have  come,  but  also  the  direc- 
tions in  which  they  have  been  expended. 

The  revenue  of  a  State  is  received  from  taxation. 
The  power  of  taxation,  perhaps  the  most  important 
power  which  a  government  possesses,  is,  in  general, 
unlimited.  All  real  and  personal  property  in  the 
State,  and  certain  personal  property  outside  the  State 
belonging  to  inhabitants  of  the  State,  is  subject 
to  taxation  at  the  discretion  of  the  legislature.  In 


Revenue  and  Expenditure  169 

the  interest  of  public  policy  the  legislature  levies 
taxes  in  different  ways  on  different  kinds  of  property, 
and  exempts  certain  property  in  whole  or  in  part,  but 
the  differences  may,  at  any  time,  be  done  away  with, 
and  the  exemptions  abolished,  at  the  discretion  of  the 
law-making  body,  except  such  exemptions  as  are 
guaranteed  by  the  articles  of  separation  from  Massa- 
chusetts, or  arise  from  the  constitutional  relation  of 
the  State  to  the  Federal  Government. 

The  income  of  the  central  government  is  derived  sources  of 
from  a  variety  of  sources.  Somewhat  less  than  half  Stateincome- 
the  amount  comes  from  the  towns  and  counties  in 
the  form  of  a  "  State  tax  "  apportioned  among  them. 
About  the  same  amount  is  derived  from  taxes  on  cor- 
porations, those  on  railroad  and  insurance  companies 
and  savings  banks  being  the  most  considerable,  and 
from  licenses  or  fees,  the  remainder  being  made 
up  of  a  number  of  small  items.  The  expenditures 
are  still  more  diversified.  The  largest  single  item 
of  expense,  and  more  than  one-third  of  the  whole,  is 
for  schools,  the  other  considerable  items  being  for 
salaries  of  State  officers,  the  support  of  public  insti- 
tutions, grants  to  academies,  hospitals,  and  societies, 
printing,  pensions,  and  interest  on  the  public  debt. 

In  1890  the  receipts  from  various  sources  were 
$2,014,007.88,  and  the  expenditures  $2,014,651.03. 
The  small  excess  of  expenditures  over  receipts  was 
offset  by  cash  on  hand  at  the  beginning  of  the  year 
to  the  amount  of  $199,522.16,  so  that  the  fiscal  year 
ended  with  a  balance  in  the  treasury  of  $198,879.01. 

The  receipts  of  counties,  towns,  and  cities,  while  in  Local 
the  aggregate  many  times  greater  than  those  of  the  recelPts- 
State,  come  also  from  the  taxation  of  real  and  per- 


I/O 


Government  of  Maine 


Borrowing. 


Nature  of 
taxes. 


sonal  property  within  their  limits,  and  from  fees  and 
licenses  of  various  sorts.  In  addition  a  part  of  the 
amount  paid  to  the. State  by  local  communities  comes 
back  again  in  the  form  of  grants  to  schools,  libraries, 
and  other  local  causes.  The  local  governments,  how- 
ever, are  much  more  restricted  than  is  the  State 
government  in  regard  to  the  amount  and  kind  of 
taxes  they  may  collect  and  the  objects  for  which 
money  may  be  expended. 

Where  the  State  or  a  local  community  has  to  pro- 
vide for  large  expenditures  in  addition  to  its  ordinary 
expenses,  as,  for  example,  for  the  erection  of  public 
buildings,  the  necessary  money  is  usually  borrowed 
by  means  of  an  issue  of  bonds.  By  the  constitution, 
the  State  debt,  except  such  as  may  be  incurred  in 
suppressing  insurrection,  or  in  repelling  invasion,  or 
for  war  purposes,  is  limited  to  $300,000,*  and  that  of 
cities  and  towns  to  five  per  cent,  of  their  valuation.2 
The  State  was,  however,  authorized  in  1868  to  issue 
bonds  to  the  amount  of  $3,500,000  to  reimburse  the 
towns,  cities,  and  plantations  for  the  expenses  in- 
curred by  them  for  military  purposes  during  the  civil 
war,3  and  both  the  State  and  the  towns  may  contract 
temporary  loans  to  be  paid  out  of  the  proceeds  of 
taxes  during  the  year  for  which  they  are  made. 

72.   TAXES 

Taxes  may  be  defined  as  "  all  the  regular  imposi- 
tions made  by  government  upon  the  person,  property, 
privileges,  occupations,  and  enjoyments  of  the  people 


1  Constitution  of  Maine,  Art.  IX.,  Sec.  14. 

«  Ibid.,  Amendment  XXII.  8  Ibid.,  Art.  IX.,  Sec.  15. 


Revenue  and  Expenditure  171 

for  the  purpose  of  raising  public  revenue."  l  A  tax 
differs  from  an  arbitrary  levy  or  exaction  by  being 
imposed  in  accordance  with  some  general  rule  or 
principle ;  but  taxation  can  never  be  made  to  rest 
with  precisely  equal  weight  upon  all  citizens.  It  can 
never  be  a  valid  objection  to  a  tax,  accordingly,  that 
it  discriminates  among  those  who  pay  it,  unless  the 
discrimination  is  obviously  arbitrary  or  unjust;  nor 
is  a  tax  unwarranted  because  its  effect  is  to  divide 
people  into  classes,  provided  that  all  within  the  class 
are  treated  alike. 

The  power  of  the  State  government  over  taxation  Power  over 
is  absolute,  save  as  it  is  restricted  by  the  constitution  t! 
of  the  State  or  that  of  the  United  States.  The  State 
may,  therefore,  prescribe  the  objects  to  be  taxed  and 
the  method  by  which  the  tax  shall  be  levied  and  col- 
lected. It  is  not  limited  as  to  the  amount  or  rate  of 
taxation,  and  it  may,  at  its  discretion,  grant  exemp- 
tions, complete  or  partial,  as  it  thinks  wise.  Since, 
however,  the  object  of  taxation  is  to  raise  money  for 
public  purposes,  a  tax  whose  chief  effect  is  to  benefit 
individuals,  and  whose  public  purpose  is  only  osten- 
sible or  incidental,  is  unconstitutional.  A  town,  for 
example,  may  not  vote  money  to  an  individual  or  a 
corporation  to  aid  in  the  establishment  of  a  manu- 
facturing industry  within  the  town.2 

While   the  government   undoubtedly  might,   if   it  Subjects  of 

.  .  r  L  taxation. 

chose,  raise  its  entire  revenue  from  a  few  sources, 
or  even  from  a  single  source,  the  prevailing  opinion 
in  this  country  demands  that  practically  all  classes 

1  Cooley,  Constitutional  Law,  56. 

2  See  the  case  of  Allen  v.  Jay,  60  Maine  Reports,  124.     But  this 
decision  seems  in  a  few  instances  to  have  been  disregarded. 


1/2  Government  of  Maine 

of  private  property  shall  be  made  to  contribute  by 
taxation  to  the  support  of  the  government.  In  the 
imposition  of  taxes,  accordingly,  the  law  aims  to 
reach  not  only  the  usual  kinds  of  real  and  personal 
property,  such  as  land,  buildings,  domestic  animals, 
and  stocks  and  bonds,  but  also  the  property  and 
business  of  corporations,  especially  railroad,  tele- 
graph, telephone,  express,  banking,  and  insurance 
companies,  and,  in  some  instances,  the  occupations 
of  individuals.  All  property  exceeding  $500  in 
value,  passing  from  one  person  to  another  by  will 
or  devise,  except  for  the  use  of  legal  heirs  or 
of  educational,  charitable,  or  benevolent  institutions, 
is  subject  to  taxation  for  the  benefit  of  the  State.1 
Further,  each  adult  male  inhabitant,  unless  specially 
exempted  by  law,  is  liable  for  a  poll-tax,  in  amount 
not  greater  than  three  dollars,  in  addition  to  any  tax 
which  he  is  liable  for  on  account  of  his  real  or  per- 
sonal property.2 

imposition  The  amount  of  the  State  tax  levied  upon  the  towns 
and  cities  is  ascertained  by  deducting  from  the  total 
amount  appropriated  by  the  legislature  the  estimated 
income  from  all  other  sources ;  that  is,  whatever  rev- 
enue is  not  otherwise  provided  for  must  be  raised  by 
a  general  levy  on  the  taxable  property  of  the  State. 
In  towns  and  cities,  where  the  sources  of  revenue  are 
comparatively  few,  nearly  all  of  the  money  needed 
for  municipal  expenses,  except  that  which  comes 
from  the  State,  is  voted  annually,  in  towns  by  the 
town  meeting,  in  cities  by  the  city  council.  Neither 

1  Public  Laws,  1901,  Chap.  225.    The  rate  is  four  per  cent.    The  for- 
mer rate  {Public  Laws,  fSpj,  Chap.  96)  was  two  and  one-half  per  cent. 

2  Revised  Statutes  (1883),  Chap.  6,  Sec.  38. 


Revenue  and  Expenditure  173 

in  the  central  nor  in  the  local  governments  is  any  tax 
levied  until  the  taxing  power  —  either  the  people  or 
their  representatives  —  has  authorized  it  and  pre- 
scribed the  objects  to  which  it  shall  be  devoted. 
Whether  the  tax  shall  be  large  or  small  depends 
upon  the  will  of  the  body  authorized  to  impose  it, 
but  while  the  expenses  of  government  naturally  in- 
crease with  the  growth  of  population  and  business 
interests,  changes  in  either  the  amount  or  the  rate  of 
taxation  from  year  to  year  are  usually  slight. 

73.   ASSESSMENT  OF  PROPERTY 

The  amount  of  the  tax  which  each  person  pays  is  reg-  Assessment 
ulated,  in  general,  by  the  amount  levied  and  the  ratio 
which  the  value  of  his  property  bears  to  the  value  of 
all  the  property  taxed.  If  there  are  five  hundred  tax- 
payers in  a  town,  they  will  together  pay  all  the  taxes 
levied  by  the  town,  while  the  share  which  each  will 
pay  will  depend  upon  the  value  of  his  property  as  com- 
pared with  the  value  of  all  the  property  on  which  taxes 
are  levied.  In  order,  therefore,  that  the  apportion- 
ment of  taxes  may  be  equitable,  and  the  share  of  each 
taxpayer  be  properly  determined,  a  valuation  of  the 
taxable  property  of  the  community  must  first  be  made. 

The   duty   of   assessing   the   value  of  property  in  Local 
towns,  cities,  and  plantations,  and  of  determining  the  asse 
amount  of  tax   which  each  person  shall  pay,  is  de- 
volved by   law  upon  the   assessors.     The  assessors, 
three  in  number,  must  be  elected  by  the  municipality, 
under  penalty  of  a  fine  in  case  of  failure,  but  select- 
men may  act  as  assessors  if  none  others  are  specially 
chosen.      Every   inhabitant    is    required   to   submit 


1/4  Government  of  Maine 

annually  to  the  assessors  a  list  of  such  property,  not 
by  law  exempt  from  taxation,  as  he  was  possessed  of 
on  the  first  day  of  April.1  In  case  no  list  is  presented, 
the  assessors  ascertain  as  well  as  they  can  the  amount 
of  the  property  and  determine  its  value.2  The  num- 
ber of  persons  liable  to  the  payment  of  a  poll-tax  is 
also  ascertained.  The  amount  of  tax  voted  by  the 
town  at  a  town-meeting,  or  by  the  city  through  the 
legislative  branch  of  its  government,  and  the  share 
of  the  State  and  county  taxes,  are  then  combined 
and  assessed  upon  the  taxpayers  in  proportion  to  the 
value  of  the  taxable  property  of  each.3  By  dividing 
the  amount  of  taxable  property  of  the  town  by  the 
amount  of  tax  to  be  raised,  the  rate  of  taxation,  usually 
expressed  as  so  many  mills  on  a  dollar,  is  ascertained, 
and  the  share  of  each  taxpayer  computed. 

County  taxes.  The  estimates  of  the  amount  of  tax  required  for 
county  expenses  are  prepared  biennially  by  the  county 
commissioners,  approved  by  the  legislature,  and  then 
apportioned  among  the  towns  in  accordance  with  the 
last  State  valuation  of  the  county,  the  amount  of  the 
tax  being  divided  between  the  two  years  for  which 

state  tax.  the  estimate  is  made.  The  State  tax  authorized  by 
the  legislature  is  apportioned  among  the  towns,  each 
town  being  notified  annually  by  the  State  treasurer 
of  the  amount  which  it  is  required  to  pay.  The 
three  kinds  of  taxes,  therefore,  —  State,  county,  and 

1  Failure  to  submit  such  list  forfeits  the  right  to  appeal  from  the 
assessment  made. 

2  The  list  submitted  is  not  conclusive  upon  the  assessors.      They 
may  alter  it  if  they  know  it  to  be  incorrect. 

3  An  amount  equal  to  five  per  cent,  of  the  tax  —  known  as  an  "  over- 
lay "  —  may  be  added  by  the  assessors  to  cover  abatements,  etc, 


Revenue  and  Expenditure  175 

town,  —  are  assessed  upon  individual  taxpayers  by 
the  town  assessors,  the  town  tax,  however,  being  the 
only  one  whose  amount  is  directly  determined  by  the 
town  itself. 

In  order  that  the  general  estimate  of  the  value  of  Board  of 
property  may  be  uniform  throughout  the  State,  and 
a  just  proportion  of  the  State  and  county  taxes  be 
borne  by  every  community,  the  action  of  the  local 
assessors  is  subject  to  review  by  the  board  of  State 
assessors.1  Once  in  two  years  the  State  assessors 
are  required  to  visit  each  county,  and  there,  in  con- 
ference with  the  assessors  from  the  towns,  examine 
the  records  of  valuation  and  investigate  any  charges 
of  concealment  of  property  liable  to  assessment.  A 
statement  of  the  assessed  valuation  of  each  local 
subdivision  of  the  State,  as  thus  adjusted  by  the 
State  assessors,  is  filed  biennially  with  the  secretary 
of  state,  and  becomes  the  basis  for  the  computation 
and  apportionment  of  the  State  and  county  taxes  for 
the  next  two  years.2  The  State  assessors  also  form 
a  board  of  equalization  for  the  purpose  of  equalizing 
the  State  tax  among  the  towns  and  unorganized 
districts. 

74.   COLLECTION  OF  TAXES 

The  fair  and  equitable  determination  of  the  value 
of  property  for  purposes  of  taxation  calls  for  mature 
experience  and  sound  judgment  on  the  part  of  as- 
sessors, and  we  have  seen  how  the  action  of  the  local 
board  is  reviewed  by  a  State  board,  and  the  valuation 
equalized  as  far  as  possible  throughout  the  State. 

1  See  the  act  in  Freeman,  Supplement,  89-93. 

2  The  Constittttion  of  Maine  (Art.  IX.,  Sec.  7)  requires  a  general 
valuation  to  be  taken  at  least  once  in  ten  years. 


Government  of  Maine 


Collector. 


Delinquent 
taxes. 


No  such  opportunity  for  difference  of  opinion,  how- 
ever, exists  in  the  matter  of  the  collection  of  taxes, 
since  that  is  a  subject  which  can  be  definitely  regu- 
lated by  law,  and  we  accordingly  find  that  the  central 
government  not  only  still  utilizes  the  local  govern- 
ments, but  relies  almost  exclusively  upon  their  efforts, 
only  interfering  itself  when  the  town  or  city  has 
failed  to  perform  the  duties  prescribed  for  it  in  the 
statutes. 

When  the  list  of  taxable  persons  in  the  town,  with 
the  amount  which  each  is  to  pay,  has  been  com- 
pleted by  the  assessors,  it  is  turned  over  to  the 
collector,  whose  duty  it  is  to  see  that  the  tax  is  paid. 
The  town  may,  and  usually  does,  decide  at  the  town- 
meeting  the  date  at  which  taxes  shall  become  due 
and  payable,  and  also,  if  it  chooses,  the  date  at  which 
interest  shall  be  added  to  taxes  still  unpaid.  The 
collector  is  usually  paid  a  commission,  either  on  the 
whole  amount  of  the  "  commitment,"  or  on  the  amount 
collected.  As  the  money  is  received  it  is  turned  over 
by  the  collector  to  the  town  treasurer,  who  transmits 
to  the  county  treasurer  and  the  State  treasurer  the 
amounts  due  them,  and  holds  the  balance  subject 
to  the  order  of  the  municipal  officers.  Proceedings 
in  cities  are  similar  to  those  in  towns  save  that  the 
taxes  are  commonly  paid  to  the  collector  at  his  office 
instead  of  being  collected  in  person  as  is  often  the 
case  in  small  towns. 

The  provisions  of  law  for  the  collection  of  unpaid 
taxes  are  elaborate,  and  too  detailed  and  technical  to 
be  dwelt  upon  here.  In  general,  an  unpaid  tax  may 
be  collected  by  seizing  upon  the  real  or  personal 
property  of  the  delinquent  and  selling  it  at  public 


Revenue  and  Expenditure  177 

sale,  the  surplus  proceeds,  if  any,  being  returned  to 
the  original  owner.  When  real  estate  is  sold  for 
taxes,  the  deed  is  not  at  once  issued  to  the  purchaser, 
but  is  deposited  with  the  town  treasurer,  who  holds 
it  for  two  years,  if  the  former  owner  is  a  resident,  or 
one  year,  if  a  non-resident,  within  which  times  the 
owner  may,  by  paying  the  tax,  together  with  charges 
and  interest,  redeem  the  property.  The  collector 
may  also  bring  suit  against  a  delinquent  to  compel 
payment  of  a  tax.  In  all  cases,  the  town  has  a 
"  lien,"  or  claim,  on  all  real  property  against  which  a 
tax  has  been  assessed,  which  lien  takes  precedence 
of  all  other  claims  on  the  property,  and  continues  in 
force  until  the  tax  is  paid. 

The  assessors  of  plantations  have  the  same  powers  Plantations, 
as  assessors  of  towns  in  regard  to  the  valuation  of 
property  and  the  assessment  of  taxes,  and  plantations 
pay  their  proportionate  share  of  the  State  tax.    Lands 
in  unincorporated  places  are  assessed  by  the  county 
commissioners,  subject   to   review  by   the   board   of 
State  assessors,  and  are  liable  for  their  share  of  State 
and  county  taxes.     The  taxes  on  wild  lands  are  paid 
to  the  State  treasurer,  who  credits  the  counties  with 
the  amounts  severally  due  them.     The  county  com-  Unincorpo- 
missioners  may  also  levy  taxes  on  lands  in  unincor-  ratedPIaces- 
porated  places  for  the  construction  and  maintenance  of 
roads.1 

75.    TAXATION  OF  CORPORATIONS 

In  Maine,  as  in  most  of  the  States,  the  taxation  of  General 
corporations  is  made  the  subject  of  special  regulation.  pro 
Every  corporation  organized  under  the  laws  of  the 

1  But  account  is  to  be  taken  of  the  localities  particularly  benefited 
by  the  road,  and  part  of  the  expense  may  be  levied  on  the  county. 


178 


Government  of  Maine 


Banks. 


Savings 
banks. 


Building 
associations. 


State,  except  those  for  religious,  charitable,  educa- 
tional, or  benevolent  purposes,  and  those  for  the 
maintenance  of  libraries  and  cemeteries,  is  required 
to  pay  to  the  State  annually  a  franchise  tax  of 
from  $5  upward,  according  to  the  amount  of  its 
authorized  capital.1  The  real  estate  of  a  corporation 
is  taxed  where  the  property  is.  The  stock,  except 
that  of  manufacturing  corporations,  is  taxed  to  its 
owners  where  they  reside,  if  known  to  be  residents 
of  the  State,  but  if  the  residence  of  the  owner  is  out- 
side of  the  State,  or  unknown,  the  stock,  together 
with  that  of  manufacturing  corporations,  is  taxed,  if 
taxed  at  all,  in  the  town  where  the  corporation  is 
located  or  transacts  its  ordinary  business. 

Foreign  banking  associations,  —  that  is,  banking 
corporations  not  chartered  under  the  laws  of  Maine 
or  of  the  United  States, — maintaining  branches  in  the 
State,  pay  to  the  State  an  annual  tax  of  one-fourth  of 
one  per  cent,  on  the  amount  of  business  done  by  them 
in  the  State,2  while  banks  and  trust  companies  incorpo- 
rated in  the  State  pay  an  annual  tax  of  one-half  of  one 
per  cent,  on  the  amount  of  their  interest-bearing  time 
deposits,  less  certain  exemptions.3  The  taxation  of 
savings  banks  is  determined  by  the  value  of  the  fran- 
chises of  the  several  institutions  as  fixed  semi-annu- 
ally  by  the  State  assessors  on  the  report  of  the  bank 
examiner,  the  tax  being  seven-eighths  of  one  per  cent. 
on  the  value  so  ascertained.4  More  than  one-fifth  of 
the  receipts  of  the  central  government  are  derived  from 
this  source.  Loan  and  building  associations  pay  to 

1  Public  Laws,  1901,  Chap.  229,  Sec.  3. 

2  Ibid.,  1899,  Chap.  123.  8  Ibid.,  1901,  Chap.  286. 
*  Freeman,  Supplement,  96. 


Revenue  and  Expenditure  1 79 

the  State  an  annual  tax  of  one-fourth  of  one  per  cent, 
on  the  amount  of  capital  dues  paid  in  by  the  share- 
holders, payment  being  made  semi-annually.     Insur-  insurance 
ance  companies  are  taxed  on  the  premiums  received  comPames- 
under  contracts  for  the  insurance  of  life  or  property. 

The  taxation  of  railroad  corporations  takes  the  Railroads, 
form,  first,  of  a  municipal  tax  on  the  real  estate  of 
the  company  ;  second,  of  an  annual  excise  tax  by  the 
State  for  the  privilege  of  exercising  its  franchise; 
and,  third,  of  a  small  tax  imposed  for  the  purpose  of 
defraying  the  expenses  of  the  State  board  of  railroad 
commissioners.  The  excise  tax  is  levied  on  the  gross 
receipts  for  transportation.  When  the  average  re- 
ceipts do  not  exceed  $1500  per  mile,  the  tax  is  one- 
half  of  one  per  cent,  increasing  one-fourth  of  one  per 
cent,  with  each  additional  $500  of  average  gross  re- 
ceipts per  mile,  the  maximum  being  four  per  cent.1 
Of  the  amount  thus  obtained  there  is  refunded  to  the 
cities  and  towns  in  which  railroad  stock  exempt  from 
other  taxation  is  held,  an  amount  equal  to  one  per  cent, 
of  the  value  of  such  stock.  Palace  and  sleeping  car  Palace  cars, 
companies  pay  to  the  State  an  annual  tax  of  four  per 
cent,  on  their  gross  earnings  from  business  done 
wholly  within  the  State,  the  cars  and  other  equipment 
being  exempt  from  local  taxation.2 

Street  railroad  corporations  are  subject  to  the  same  street 
laws  regarding  taxation  as  are  other  railroad  corpora-  railroads> 
tions,  except  that  the  tax  is  fixed  at  three-twentieths 
of  one  per  cent,  on  gross  receipts  not  exceeding  $1000 
per  mile,  with  an  increase  of  the  same  amount  for 
each  additional  $1000  per  mile.3 

1  Public  Laws,  7907,  Chap.  145.  a  Ibid.,  Chap.  174. 

8  Ibid.,  Chap.  156. 


i8o 


Government  of  Maine 


Telegraph 
and  tele- 
phone com- 
panies. 


Express 
companies. 


Limitations 
on  State 
power. 


Exemptions. 


The  same  general  principle  is  followed  in  the  taxa- 
tion of  telegraph  and  express  companies.  Telegraph 
and  telephone  companies  pay  to  the  State,  on  their 
gross  receipts  from  business  in  the  State,  a  tax  of 
from  one- fourth  of  one  per  cent,  to  four  per  cent., 
and  are  exempt  from  other  taxation  save  on  their 
real  estate,  which  is  subject  to  municipal  taxation, 
the  amount  of  the  latter,  however,  being  deducted 
by  the  State  assessors  from  the  State  tax.1  Express 
companies  pay  a  tax  of  two  per  cent,  on  the  receipts 
from  their  business,  the  same  exemptions  and  de- 
ductions being  made  as  are  provided  for  telegraph 


companies 


76.   EXEMPTIONS 


While  the  powers  of  the  State  in  reference  to  taxa- 
tion are  thus  exceedingly  comprehensive,  the  State 
does  not,  as  a  matter  of  fact,  attempt  to  tax  all  the 
property  subject  to  its  control,  but  grants  numerous 
and  liberal  exemptions.  No  State  may  tax  any  prop- 
erty of  the  United  States  within  its  limits,  or  the  salary 
of  any  United  States  official,  nor  may  it  impede  by 
taxation  the  free  movement  of  persons  and  commodi- 
ties into  and  from  the  State.  The  State  does  not,  of 
course,  tax  its  own  property,  nor  may  any  town,  city, 
or  county  do  so. 

In  the  interest  of  what  it  regards  as  sound  public 
policy,  the  State  further  relieves  from  the  obligation 
to  pay  taxes  certain  classes  of  persons  and  property. 
The  polls  and  estates  of  Indians  and  of  persons  who, 
by  reason  of  age,  infirmity,  and  poverty  are,  in  the 
judgment  of  the  assessors,  unable  to  pay,  together 

1  Public  Laws,  igoi,  Chap.  201.  2  Ibid.,  Chap.  147. 


Revenue  and  Expenditure  181 

with  the  polls  of  persons  under  guardianship,  and  of 
soldiers  and  sailors  who  receive  pensions  from  the 
State,  are  wholly  exempt.  Household  furniture,  not 
exceeding  in  value  $200  for  a  family,  wearing  ap- 
parel, farm  implements,  mechanics'  tools,  and  musi- 
cal instruments  of  a  value  of  not  more  than  $15  are 
also  exempt,  as  are  mules,  horses,  neat-cattle,  swine, 
and  sheep,  if  less  than  six  months  old ;  and  hay, 
grain,  potatoes,  orchard  products,  and  wool,  owned 
by  and  in  possession  of  the  producer. 

Exemptions  of  personal  property  rest  upon  the  Theory  of 
theory,  obviously  reasonable  and  proper  in  itself,  exemptions, 
that  an  individual  ought  not  to  be  compelled  to  pay 
taxes  on  property  indispensable  to  his  health  and 
comfort,  or  to  his  activity  as  a  wage-earner,  or  which 
is  necessary  for  his  maintenance  rather  than  a  means 
to  his  financial  profit.  If  a  contribution  to  the  ex- 
penses of  the  government  would  tend  to  impoverish 
the  citizen  or  lower  his  standard  of  living,  the  com- 
munity would  not  benefit  by  the  exaction  of  the  tax. 
In  the  case  of  educational,  religious,  and  charitable  Educational, 
institutions,  on  the  other  hand,  the  contribution  which  charitable, 
they  make  to  the  intellectual,  moral,  and  physical  hap- 
piness  and  well-being  of  the  community  is  so  much 
greater  than  the  financial  benefit  which  would  accrue 
from  taxing  them,  that  intelligent  public  opinion  has 
for  generations  approved  their  exemption  also.  Thus, 
churches  and  their  furniture,  parsonages  not  exceed- 
ing $6000  in  value,  and  personal  property  of  like 
amount,1  held  and  used  by  a  religious  society  for 
religious  purposes  and  not  as  sources  of  income,  are 
exempt,  together  with  the  personal  property  of  all 

1  Public  Laws,  1897,  Chap.  287. 


1 82  Government  of  Maine 

literary  and  scientific  institutions,  with  real  estate 
occupied  by  them  for  their  own  purposes,  or  by  any 
of  their  officers  as  places  of  residence,  and  the  real  and 
personal  property  of  all  benevolent  and  charitable 
institutions  incorporated  by  the  State.  A  college 
having  real  estate  purchased  prior  to  1889,  and  liable 
to  taxation,  is  reimbursed  by  the  State  to  an  amount 
not  exceeding  $1500  on  the  annual  tax  paid.1 

77.    PUBLIC  EXPENDITURE 

It  was  pointed  out  at  the  beginning  of  this  chapter 
that  the  object  of  taxation  was  to  raise  money  for 
public  purposes,  and  that  while  considerable  discre- 
tion must  be  allowed  to  the  legislature  in  determining 
what  is  and  what  is  not  a  public  purpose,  the  expendi- 
ture for  private  benefit  of  money  raised  by  taxation  is 
wholly  unwarranted.  For  protection  against  such 
unconstitutional  expenditure,  however,  reliance  is 
placed  on  the  vigilance  and  self-interest  of  the  tax- 
payer, since  the  courts  of  law  do  not  act  of  them- 
selves, but  only  when  a  bona  fide  case  is  brought 
before  them. 

Legal  restric-  In  the  expenditure  of  public  money  both  the  State 
tions  and  ancj  j-ne  }ocai  governments  are  hedged  about  with  many 
restrictions.  The  laws  are  explicit  and  detailed  in 
regard  to  the  purposes  for  which  the  money  of  the 
community  may  be  spent,  and  the  various  individuals 
through  whose  hands  money  passes  are  held  to  strict 
accountability  for  its  safe  keeping  and  proper  use, 
either  by  means  of  elaborate  book-keeping,  or  the 
publication  of  accounts,  or  the  giving  of  personal 
security.  The  safeguards  are  at  present  somewhat 

1  Freeman,  Supplement,  68. 


Revenue  and  Expenditure  183 

better  in  towns  and  cities  than  in  the  central  govern- 
ment. The  financial  accounts  of  towns  and  cities  are 
subject  to  inspection  at  least  once  a  year  by  an  audi- 
tor,1 who  examines  bills,  receipts,  bonds,  and  cash  on 
hand,  and  makes  a  public  report.  There  is  as  yet  no 
State  auditor,  nor  any  entirely  satisfactory  provision 
for  checking  the  accounts  of  the  State  treasurer.  As 
the  matter  stands  at  present,  the  books  of  the  treas- 
urer are  audited  by  a  committee  appointed  by  the 
governor  and  council,  but  this  method  does  not  give 
the  State  the  benefit  of  either  frequent  or  expert  ex- 
amination of  its  accounts,  and  is  not  the  one  which  has 
commended  itself  to  States  that  have  paid  the  most 
attention  to  the  management  and  oversight  of  their 
finances. 

In  the  central  government  no  money  may  be  drawn  Appropria- 
from  the  treasury  save  on  the  warrant  of  the  governor 
and  council,  and  in  accordance  with  an  appropriation 
made  by  the  legislature.2  In  cities  orders  are  drawn  by 
the  city  treasurer  in  accordance  with  appropriations 
voted  by  the  common  council  or  aldermen ;  while  in 
towns  all  appropriations  are  made  by  the  town-meeting. 
In  both  central  and  local  governments  appropriations 
are  commonly  detailed,  specific  sums  being  appro- 
priated for  specific  purposes,  so-called  "  lump  sums  " 
being  rarely  placed  at  the  disposal  of  the  municipal 
officers  to  expend  at  their  discretion. 

When  the  State,  or  one  of  the  local  governments,  Bonds, 
borrows  money  for  other  than  a  temporary  purpose, 
it  issues  a  series  of  bonds,  bearing  interest,  and  fall- 

1  The  law  provides  for  but  one  auditor,  but  some  towns  elect  two, 
representing  different  political  parties. 

2  Constitution  of  Maine,  Art.  V.,  Part  IV.,  Sec.  4. 


184  Government  of  Maine 

ing  due,  usually,  in  equal  amounts  from  year  to  year 
until  all  are  paid.  Provision  for  the  payment  of  inter- 
est, accordingly,  and  for  the  principal  of  the  bonds  as 
they  successively  mature,  must  be  made  annually  by 
raising  a  specific  amount  for  that  purpose.  If,  as  is 
sometimes  the  case,  the  bonds  do  not  fall  due  until 
some  years  after  they  are  issued,  funds  for  their 
payment  are  accumulated  in  what  is  called  a  "  sink- 
ing fund,"  in  order  that  the  whole  amount  of  the  loan 
may  not  have  to  be  raised  by  taxation  in  a  single 
year.1 

While  the  government  is  not  a  money-making  insti- 
tution, and  raises  no  more  money  from  year  to 
year  than  it  needs  for  the  expenses  of  that  year,  it 
frequently  happens  that  the  receipts  from  taxes  do 
not  come  in  with  sufficient  regularity  or  rapidity  to 
keep  the  treasury  supplied  at  all  times  with  the 
necessary  funds  for  current  needs.  In  such  cases  the 
deficiency  is  met  by  making  a  "  temporary  loan," 
repayable  with  interest  during  the  year  out  of  the 
proceeds  of  taxes.  Many  towns  and  cities  regularly 
appropriate  money  for  the  payment  of  interest  on 
such  loans,  as  does  the  State  legislature  for  similar 
loans  for  State  purposes.  Such  loans  are  not  subject 
to  the  constitutional  provisions  limiting  the  amount 
of  State  and  municipal  indebtedness. 

78.   VILLAGE  CORPORATIONS 

It  is  frequently  the  case  that  a  part  of  the  inhabi- 
tants of  a  town  —  usually  those  in  the  most  populous 

1  The  sinking  fund  is  usually  invested  for  the  time  being  in  interest- 
bearing  securities. 


Revenue  and  Expenditure  185 

section  —  desire  to  take  measures  for  their  conven- 
ience or  protection,  or  for  the  general  benefit  or 
improvement  of  the  immediate  locality,  the  expense  of 
which  the  town  as  a  whole  is  either  unable  or  unwill- 
ing to  assume,  or  which  it  could  not  assume  without 
exceeding  the  limit  of  municipal  indebtedness  fixed 
by  the  constitution.  In  such  a  case  the  portion  of 
the  town  which  desires  to  take  the  action  in  question 
may  be  erected  by  the  legislature  into  what  is  called 
a  village  corporation. 

The  village  corporation,  though  comprising  a  cer-  Nature  and 
tain  portion  of  the  area  of  the  town  and  the  inhab-  °  Je° 
itants  within  that  area,  is  a  financial  and  not  a 
governing  organization.  Its  objects  may  be  the 
organization  and  maintenance  within  its  limits  of  a 
fire  department,  the  construction  of  sewers  or  water- 
works, the  building  of  sidewalks,  the  lighting  and 
policing  of  streets,  or  any  other  of  the  numerous 
public  activities  in  which  the  community  may  see  fit 
to  engage,  but  with  the  normal  administration  of  the 
town  as  a  political  subdivision  of  the  State  it  has 
nothing  to  do. 

In  its  general  organization  and  powers,  however,  Organization 
the  village  corporation  follows  the  model  set  by  the  and  work' 
town.1     Its  officers  are  a  clerk,  treasurer,  collector, 
three  assessors,  and  such  others  as  may  be  necessary. 
The  officers  are  chosen  annually  by  the  voters  within 
the  limits  of  the  corporation,  —  all  persons  liable  for 
poll-tax  or  entitled  to  vote  for  representatives  being 
members  and  voters,  —  and  have  the  powers  of  corre- 
sponding  officers  of   towns.      Money  voted   by  the 

1  The  acts  of  incorporation  will  be  found  among  the  Private  and 
Special  Laws. 


1 86  Government  of  Maine 

corporation  for  the  purposes  for  which  the  corpora- 
tion is  formed  is  assessed  by  the  assessors  on  polls 
and  estates,  and  collected  by  the  collector  in  the 
same  way  that  town  taxes  are  assessed  and  collected. 
The  assessors  may  use  the  last  town  valuation  as  the 
basis  of  their  own,  or  may  make  a  new  one  if  they 
see  fit.  The  assessors  are  also  the  general  administra- 
tive officers  of  the  corporation,  and  have  charge  of  its 
affairs  and  the  expenditure  of  its  money.  The  cor- 
poration may  make  necessary  rules  and  by-laws,  and 
its  night  watchmen  and  police,  if  there  be  any,  have 
within  the  limits  of  the  corporation  the  powers  of 
constables  in  criminal  matters. 

The  creation  of  the  village  corporation  is  an  inter- 
esting attempt  to  remedy  an  obvious  defect  in  the 
system  of  local  government  in  Maine.  Every  town 
comprises  two  distinct  kinds  of  areas :  one  or  more 
places,  familiarly  called  "  villages,"  in  which  the 
population  is  relatively  compact  and  dense,  and  a 
considerably  larger  rural  area  in  which  the  population 
is  thin  and  scattered.  The  two  parts  differ  widely, 
not  only  in  numbers,  but  also  in  wealth,  prosperity, 
and  economic  and  social  needs ;  but  the  laws  for  the 
government  of  towns  ignore  differences  of  locality, 
and  deal  with  the  town  as  though  it  were  in  all 
respects  a  unit.  The  result  is  the  development  of  the 
village  corporation,  for  the  benefit  of  the  populous 
part  of  the  town  on  its  financial  or  economic  side. 
None  of  the  things  done  by  the  corporation  are  of  a 
nature  not  to  be  done  with  propriety  by  the  town,  but 
since  they  are  limited  and  not  general  in  their  interest 
or  application,  the  inhabitants  who  are  immediately 
concerned  are  given  the  direction  of  them.  The 


Revenue  and  Expenditure  187 

citizen  thus  finds  himself  subject  to  the  jurisdiction  of 
two  bodies,  one  political  or  governmental,  the  other 
financial,  both  operating  within  the  same  area,  dealing 
with  the  same  persons,  and  affecting  the  same 
property. 

The  village  corporation  is  thus  a  supplement  to  the 
town  on  its  financial  side.  Its  officers  are  frequently 
the  same  men  as  the  corresponding  officers  of  the 
town,  and  friction  between  the  two  is  rare.  In  order, 
however,  to  ascertain  the  amount  of  taxes  actually 
paid  in  a  community  for  local  purposes,  the  tax  paid 
to  the  corporation,  where  there  is  one,  must  be  added 
to  that  paid  to  the  town.  The  corporation  itself, 
though  it  enjoys  the  rights  and  privileges  granted  by 
law  to  corporations  in  general,  is  of  course  not  taxable, 
since  it  has  no  capital  stock  and  pays  no  dividend.1 

79.   GENERAL  OBSERVATIONS 

No  State  has,  or  probably  ever  will  have,  a  perfect  inequalities, 
system  of  taxation,  or  one  which  will  not,  at  particular 
times  or  in  particular  cases,  seem  to  bear  unequally 
on  the  property  of  the  citizen.  To  a  considerable 
extent  the  inequalities  of  the  system  in  Maine  are 
such  as  inhere  in  any  attempt  to  tax  personal  prop- 
erty. Since  the  discovery  and  assessment  of  immov- 
able or  visible  property  is  always  easier  than  the 
discovery  and  valuation  of  movable  or  invisible 
property,  it  must  probably  always  happen  that  those 
whose  wealth  consists  mainly  in  what  cannot  well  be 
concealed  or  underestimated  will  pay  relatively  the 

1  On  the  incorporated  village  in  New  York,  see  Morey,  The  Govern- 
ment of  New  York,  107-111. 


1 88  Government  of  Maine 

largest  taxes.  The  farmer,  for  instance,  whose  prop- 
erty consists  mainly  in  land,  buildings,  farm  animals, 
and  tools,  is  certain  to  be  taxed  higher  in  proportion  to 
his  actual  resources  than  is  the  person  whose  wealth 
consists  mainly  in  bonds,  stocks,  notes,  or  mortgages.1 
Reform.  A  step  in  the  direction  of  a  much-needed  revision 

of  the  tax  laws  of  the  State  was  taken  by  a  law  of 
1 90 1,2  directing  the  board  of  State  assessors  to  inves- 
tigate biennially  the  tax  systems  of  other  States,  and 
report  to  the  legislature  the  results  of  their  inquiries, 
together  with  recommendations  for  the  improvement 
of  the  existing  system  in  Maine.  The  information 
thus  elicited  should  afford  the  material  for  reform. 
In  so  far,  however,  as  existing  inequalities  are  due  to 
a  failure  on  the  part  of  the  State  to  levy  its  taxes 
with  reference  to  the  comparative  ability  of  different 
kinds  of  property  to  pay,  or  to  the  failure  of  local 
assessors  to  assess  all  classes  of  property  truly  and 
impartially,  the  immediate  remedy  for  inequality  and 
discrimination  is  in  the  hands  of  the  people,  and  may 
be  applied  by  them  at  the  polls  whenever  they  see  fit 
to  do  so. 

1  The  board  of  State  assessors,  in  their  report  for  1900,  say  (page  6)  : 
"  As  the  amount  of  personal  property  included  in  the  valuation  is  but 
22\  per  cent,  of  the  entire  property  of  the  State,  it  is  very  evident  that 
a  large  amount  of  personal  property  escapes  taxation.     The  personal 
property  that  is  visible,  like  live  stock,  is  assessed  its  proportion  of  the 
taxes,  but  the  invisible  personal  property  largely  goes  free.     An  inspec- 
tion of  the  valuations  shows  what  classes  of  property  escape.     Money 
at  interest  is  taxed  to  the  amount  only  of  $9,629,330,  while  live  stock 
is  taxed  on  $12,347,347.     Even  this  amount  of  money  at  interest  is  not 
given  in,  and  the  local  assessors  are  compelled  to  '  doom '  many  of  the 
taxpayers.     Many  assessors  refrain  from  resorting  to  extreme  measures, 
and  some  of  them  do  not  even  search  the  records  of  mortgages." 

2  Public  Laws,  1901,  Chap.  260. 


APPENDIX   A 

CHRONOLOGICAL  TABLES 
80.   RECORD  OF  EVENTS 

1606.  First  Virginia  charter.     Southern  part  of  Maine  included 

in  grant  to  the  Plymouth  Company. 

1607.  Unsuccessful  Popham  colony  at  the  mouth  of  the  Kennebec. 
1609.     Jesuit  mission  established  on  Mount  Desert  Island. 
1614.     Coast  of  Maine  visited  by  Captain  John  Smith. 
1615-1618.     Destructive  war  and  pestilence  among  the  eastern 

Indians. 

1620.     Patent  of  the  Council  for  New  England.     The  whole  of 
Maine  included. 

1622.  Grant  to  Gorges  and  Mason  of  the  region  between  the 

Merrimac  and  Sagadahoc,  under  the  name  of  Laconia. 

1623.  Permanent  settlement  made  at  Saco.     Other  settlements 

by  this  time  at   Sheepscot,  Damariscotta,  Pemaquid, 
Monhegan,  and  a  few  other  points. 

1626.  Trading  post  established  on  the  Kennebec  by  Plymouth 

colonists. 

1627.  First  Kennebec  patent. 

1628.  First  charter  of  Massachusetts. 

1629.  Comnock's  patent  (Scarboro  and  vicinity). 
Second  Kennebec,  or  Plymouth,  patent. 

1630.  Two  Saco  patents. 

Lygonia  patent  (region  of  Casco  Bay). 
Muscongus  patent  (east  of  Penobscot).     Later  known  as 
Waldo  patent. 

1631.  Pemaquid  patent. 

1635.     Division  of  the  territory  of  the  Council  for  New  England. 

(See  Williamson,  History  of  Maine,  I.,  256,  257.) 
Encroachments  of  the  French,  under  d'Aulney,  on  the 
Penobscot. 

189 


190  Appendix  A 

1636.  First  organized  government  in  Maine  set  up  at  Saco  by 
William  Gorges,  nephew  of  Sir  Ferdinando  Gorges. 

1639.     Sir  Ferdinando   Gorges's  charter  of  "The  Province  of 

Maine.11 

Pejepscot  tract  (Brunswick  and  vicinity)  ceded  to  Massa- 
chusetts. 

1651.  Massachusetts  asserted  its  claim  to  Maine  under  the  char- 
ter of  1628. 

1652-1653.  Settlements  in  western  Maine  submitted  to  Massa- 
chusetts. County  of  Yorkshire  established.  Gradual 
absorption  of  other  settlements. 

1653.  First  representation  of  Maine  in  the  Massachusetts  Gen- 
eral Court. 

1661.  Plymouth,  or  Kennebec,  patent  sold  to  John  Winslow 
and  others. 

1664.  Royal  order  directing  Massachusetts  to  restore  Maine  to 

Ferdinando  Gorges  (grandson  of  the  original  proprie- 
tor). 

Eastern  Maine  included  in  grant  to  the  Duke  of  York,  and 
known  as  "  Newcastle,11  or  the  "County  of  Cornwall." 

1665.  Royal  commissioners  set  up  independent  government  in 

Maine. 

1668.     Massachusetts  government  resumed  control. 
1674.     County  of  Devonshire  (east  of  Kennebec)  established. 
1675-1677.     King  Philip's  War. 

1677.  Purchase  of  Maine  by  Massachusetts  from  Gorges   for 

£1250. 

1678.  Andros  became  governor,  under  the  Duke  of  York,  of 

New  York  and  Sagadahoc. 

1680.     Government  of  Maine  reorganized  by  the  General  Court. 

1684.     Massachusetts  charter  vacated. 

1687.     Andros  governor  of  New  England. 

1688-1699.  King  William's  War.  Settlements  in  Maine  rav- 
aged. 

1689.     Andros  deposed,  and  provisional  government  set  up. 

1691.  Second  charter  of  Massachusetts,  including  the  whole  of 
Maine. 

1697.  Treaty  of  Ryswick.  France  and  England  both  claim 
Sagadahoc  (territory  between  Kennebec  and  St.  Croix). 


Chronological  Record  of  Events  191 

1703-1711.     Queen  Anne's,  or  third  Indian  War.     Settlements 

again  ravaged. 

1722-1725.     Lovewell's,  or  the  fourth  Indian  War. 
1739.     Line  between  Maine  and  New  Hampshire  fixed,  after  long 

dispute,  by  the  king  in  council. 
1741.     George  Whitfield  visited  Maine.     A  second  visit  in  1 744- 

1745- 

1745-1756.     Renewed  Indian  war. 
1754-1763.     Seven  Years1  War,  the  last  of  the  French  and  Indian 

wars. 

1760.     Cumberland  and  Lincoln  counties  established. 
1775.     Capture   of    British   schooner  Margranetto  at  Machias. 

Falmouth  burned  by  British.     Arnold's  expedition  to 

Quebec. 

1778.  Maine  constituted  a  district  by  the  Continental  Congress, 

and  a  maritime  court  established. 

1779.  Unsuccessful  attempt  to  drive  the  British  from  the  Penob- 

scot. 

1780.  Constitution  of  Massachusetts. 

1784.  Establishment  of  the  province  of  New  Brunswick,  and 

beginning  of  the  long  boundary  dispute  between  the 
province  and  Maine. 

1785.  Falmouth  Gazette,  first  newspaper  in  Maine,  established  to 

aid  the  agitation  in  favor  of  separation  from  Massachu- 
setts.    Convention  at  Falmouth  to  consider  separation. 

1786.  Second  convention  for  separation. 

1789.  Hancock  and  Washington  counties  established. 

1794.  Bowdoin  College  founded. 

1799.  Kennebec  County  established. 

1805.  Oxford  County  established. 

1809.  Somerset  County  established. 

1813.  September  5,  capture  of  the  British   brig  Boxer  by  the 

American  brig  Enterprise  off  Portland. 

1814.  British  control  established  on  the  Penobscot  and  elsewhere 

in  eastern  Maine,  continuing  until  the  end  of  the  war. 
1816.     Penobscot  County  established. 

Revival  of  agitation  for  separation. 
First  separation  law  :  not  accepted. 
Great  western  emigration,  or  "  Ohio  fever." 


IQ2  Appendix  A 

1819.  Second  separation  act:    accepted.      State  Constitution 

formed. 

1820.  Maine  admitted  to  the  Union. 
1827.     Waldo  County  established. 

1832.     Removal  of  the  seat  of  government  from  Portland  to 
Augusta. 

1838.  Franklin  and  Piscataquis  counties  established. 
1838-1839.     "  Aroostook  War." 

1839.  Aroostook  County  established. 

1842.  Ashburton  treaty,  settling  the  disputed  northeastern  boun- 
dary. 

1846.  First  prohibitory  law :  ineffective. 

1851 .  Prohibitory  law,  or  "  Maine  law." 

1854.  Androscoggin  and  Sagadahoc  counties  established. 

1855.  Mob  outbreak  in  Portland  over  liquor  agency. 
1860.  Knox  County  established. 

1879.     "  State  steal,"  disputed  gubernatorial  election. 
1884.     Prohibitory  constitutional  amendment  adopted. 


81.   GOVERNORS  OF  MAINE 

1820.  William  King,  Bath,  Rep.1 

1821.  William  D.  Williamson,  Bangor  (acting).2 
Benjamin  Ames,  Bath  (acting).3 

1822.  Albion  K.  Parris,  Paris,  Rep. 
1827.     Enoch  Lincoln,  Portland,  Rep.4 

1829.  Nathan  Cutler,  Farmington  (acting).8 

1830.  Jonathan  G.  Hunton,  Readfield,  Nat.  Rep. 

1831.  Samuel  E.  Smith,  Wiscasset,  Dem.  Rep. 
1834.  Robert  P.  Dunlap,  Brunswick,  Dem. 

1838.  Edward  Kent,  Bangor,  Whig. 

1839.  John  Fairfield,  Saco,  Dem. 

1  Resigned  to  become  United  States  Commissioner  of  Spanish  Claims. 

2  President  of  the  Senate;  chosen  a  representative  in  Congress,  and 
resigned. 

8  Speaker  of  the  House. 

4  Died  in  office. 

6  President  of  the  Senate. 


Governors  of  Maine  193 

1841.  Edward  Kent,  Bangor,  Whig. 

1842.  John  Fairfield,  Saco,  Dem. 

1843.  John  Fairfield,  Saco.1 

Edward  Kavanagh,  Newcastle  (acting).2 

1844.  Hugh  J.  Anderson,  Belfast,  Dem. 
1847.     John  W.  Dana,  Fryeburg,  Dem. 
1850.     John  Hubbard,  Hallowell,  Dem. 
1853.     William  G.  Crosby,  Belfast,  Whig. 

1855.  Anson  P.  Morrill,  Readfield,  Maine  Law  and  American. 

1856.  Samuel  Wells,  Portland,  Dem. 

1857.  Hannibal  Hamlin,  Hampden,  Rep.8 
Joseph  H.  Williams,  Augusta  (acting).4 

1858.  Lot  M.  Morrill,  Augusta,  Rep. 
1861.     Israel  Washburn,  Jr.,  Orono,  Rep. 

1863.  Abner  Coburn,  Skowhegan,  Rep. 

1864.  Samuel  Cony,  Augusta,  Rep. 

1867.  Joshua  L.  Chamberlain,  Brunswick,  Rep. 

1871.  Sidney  Perham,  Paris,  Rep. 

1874.  Nelson  Dingley,  Jr.,  Lewiston,  Rep. 

1876.  Selden  Connor,  Augusta,  Rep. 

1879.  Alonzo  Garcelon,  Lewiston,  Dem. 

1880.  Daniel  F.  Davis,  Corinth,  Rep. 

1 88 1.  Harris  M.  Plaisted,  Bangor,  Fusion. 
1883.  Frederick  Robie,  Gorham,  Rep. 
1887.  Joseph  R.  Bodwell,  Hallowell,  Rep.5 

Sebastian  S.  Marble,  Waldoboro  (acting).6 
1889.     Edwin  C.  Burleigh,  Bangor,  Rep. 
1893.     Henry  B.  Cleaves,  Portland,  Rep. 
1897.     Llewellyn  Powers,  Houlton,  Rep. 
1901.     John  F.  Hill,  Augusta,  Rep. 

1  Elected  to  United  States  Senate,  and  resigned. 
President  of  the  Senate. 

Elected  to  United  States  Senate,  and  resigned. 
President  of  the  Senate. 
Died  December  15,  1887. 
President  of  the  Senate. 


APPENDIX    B 


DOCUMENTS 

82.   FIRST  CHARTER  OF  VIRGINIA 
APRIL  10/20,  1606 

I.  JAMES,  by  the  Grace  of  God,  King  of  England,  Scotland, 
France,  and  Ireland,  Defender  of  the  Faith,  &c.     WHEREAS  our 
loving  and  well-disposed  Subjects,  Sir  Thomas  Gates,  and  Sir 
George  Somers,  Knights,  Richard  Hackluit,  Clerk,  Prebendary  of 
Westminster,  and  Edward-Maria  Wingfield,  Thomas  Hanham, 
and  Ralegh  Gilbert,  Esqrs.  William  Parker,  and  George  Popham, 
Gentlemen,  and  divers  others  of  our  loving  Subjects,  have  been 
humble  Suitors  unto  us,  that  We  would  vouchsafe  unto  them  our 
Licence,  to  make  Habitation,  Plantation,  and  to  deduce  a  Colony 
of  sundry  of  our  People  into  that  Part  of  America,  commonly 
called  VIRGINIA,  and  other  Parts  and  Territories  in  America,  either 
appertaining  unto  us,  or  which  are  not  now  actually  possessed  by 
any  Christian  Prince  or  People,  situate,  lying,  and  being  all  along 
the  Sea  Coasts,  between  four  and  thirty  Degrees  of  Northerly 
Latitude  from  the  Equinoctial  Line,  and  five  and  forty  Degrees 
of  the  same  Latitude,  and  in  the  main  Land  between  the  same 
four  and  thirty  and  five  and  forty  Degrees,  and  the  Islands  there- 
unto adjacent,  or  within  one  hundred  Miles  of  the  Coast  thereof; 

II.  AND  to  that   End,  and  for  the  more  speedy  Accomplish- 
ment of  their  said  intended  Plantation  and  Habitation  there, 
are  desirous  to  divide  themselves  into  two  several  Colonies  and 
Companies ;  The  one  consisting  of  certain  Knights,  Gentlemen, 
Merchants,  and  other  Adventurers,  of  our  City  of  London  and 
elsewhere,  which  are,  and  from  time  to  time  shall  be,  joined  unto 
them,  which  do  desire  to  begin  their  Plantation  and  Habitation 
in  some  fit  and  convenient  Place,  between  four  and  thirty  and 

194 


First  Charter  of  Virginia  195 

one  and  forty  Degrees  of  the  said  Latitude,  alongst  the  Coasts 
of  Virginia  and  Coasts  of  America  aforesaid;  And  the  other 
consisting  of  sundry  Knights,  Gentlemen,  Merchants,  and  other 
Adventurers  of  our  Cities  of  Bristol  and  Exeter,  and  of  our  Town 
of  Plimouth,  and  of  other  Places,  which  do  join  themselves  unto 
that  Colony,  which  do  desire  to  begin  their  Plantation  and  Habi- 
tation in  some  fit  and  convenient  Place,  between  eight  and  thirty 
Degrees  and  five  and  forty  Degrees  of  the  said  Latitude,  all  alongst 
the  said  Coast  of  Virginia  and  America,  as  that  Coast  lyeth : 

III.  WE,  greatly  commending,  and  graciously  accepting  of, 
their  Desires  for  the  Furtherance  of  so  noble  a  Work,  which  may, 
by  the  Providence  of  Almighty  God,  hereafter  tend  to  the  Glory 
of  his  Divine  Majesty,  in  propagating  of  Christian  Religion  to 
such  People,  as  yet  live  in  Darkness  and  miserable  Ignorance  of 
the  true  Knowledge  and  Worship  of  God,  and  may  in  time  bring 
the  Infidels  and  Savages,  living  in  those  Parts,  to  human  Civility, 
and  to  a  settled  and  quiet  Government ;  DO,  by  these  our  Letters 
Patents,  graciously  accept  of,  and  agree  to,  their  humble  and  well- 
intended  Desires ; 

IV.  AND  do  therefore,  for  Us,  our  Heirs,  and   Successors, 
GRANT  and  agree,  that  the  said  Sir  Thomas  Gates,  Sir  George 
Sowers,  Richard  Hackluit,  and  Edward-Maria  Wingfield,  Ad- 
venturers of  and  for  our  City  of  London,  and  all  such  others,  as 
are,  or  shall  be,  joined  unto  them  of  that  Colony,  shall  be  called 
the  first  Colony ;  And  they  shall  and  may  begin  their  said  first 
Plantation  and  Habitation,  at  any  Place  upon  the  said  Coast  of 
Virginia  or  America,  where  they  shall  think  fit  and  convenient, 
between  the  said  four  and  thirty  and  one  and  forty  Degrees  of  the 
said  Latitude ;  And  that  they  shall  have  all  the  Lands,  Woods, 
Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Marshes, 
Waters,  Fishings,  Commodities,  and  Hereditaments,  whatsoever, 
from  the  said  first  Seat  of  their  Plantation  and  Habitation  by  the 
Space  of  fifty  Miles  of  English  Statute  Measure,  all  along  the  said 
Coast  of  Virginia  and  America,  towards  the  West  and  Southwest, 
as  the  Coast  lyeth,  with  all  the  Islands  within  one  hundred  Miles 
directly  over  against  the  same  Sea  Coast ;  And  also  all  the  Lands, 
Soil,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Woods, 
Waters,  Marshes,  Fishings,  Commodities,  and   Hereditaments, 
whatsoever,  from  the  said  Place  of  their  first  Plantation  and  Habi- 


196  Appendix  B 

tation  for  the  space  of  fifty  like  English  Miles,  all  alongst  the 
said  Coast  of  Virginia  and  America,  towards  the  East  and  North- 
east, or  towards  the  North,  as  the  Coast  lyeth,  together  with  all 
the  Islands  within  one  hundred  Miles,  directly  over  against  the 
said  Sea  Coast ;  And  also  all  the  Lands,  Woods,  Soil,  Grounds, 
Havens,  Ports,  Rivers,  Mines,  Minerals,  Marshes,  Waters,  Fish- 
ings, Commodities,  and  Hereditaments,  whatsoever,  from  the  same 
fifty  Miles  every  way  on  the  Sea  Coast,  directly  into  the  main 
Land  by  the  Space  of  one  hundred  like  English  Miles  ;  And  shall 
and  may  inhabit  and  remain  there ;  and  shall  and  may  also  build 
and  fortify  within  any  the  same,  for  their  better  Safeguard  and 
Defence,  according  to  their  best  Discretion,  and  the  Discretion 
of  the  Council  of  that  Colony  ;  And  that  no  other  of  our  Subjects 
shall  be  permitted,  or  suffered,  to  plant  or  inhabit  behind,  or  on 
the  Backside  of  them,  towards  the  main  Land,  without  the  Express 
Licence  or  Consent  of  the  Council  of  that  Colony,  thereunto  in 
Writing  first  had  and  obtained. 

V.  AND  we  do  likewise,  for  Us,  our  Heirs,  and  Successors,  by 
these  Presents,  GRANT  and  agree,  that  the  said  Thomas  Hanharn, 
and  Ralegh  Gilbert,  William  Parker,  and  George  Popham,  and  all 
others  of  the  Town  of  Plimonth  in  the  County  of  Devon,  or  else- 
where, which  are,  or  [shall  be,  joined  unto  them  of  that  Colony, 
shall  be  called  the  second  Colony ;  And  that  they  shall  and  may 
begin  their  said  Plantation  and  Seat  of  their  first  Abode  and 
Habitation,  at  any  Place  upon  the  said  Coast  of  Virginia  and 
America,  where  they  shall  think  fit  and  convenient,  between  eight 
and  thirty  Degrees  of  the  said  Latitude,  and  five  and  forty  Degrees 
of  the  same  Latitude ;  And  that  they  shall  have  all  the  Lands, 
Soils,  Grounds,  Havens,  Ports,  Rivers,  Mines,  Minerals,  Woods, 
Marshes,  Waters,  Fishings,  Commodities,  and  Hereditaments, 
whatsoever,  from  the  first  Seat  of  their  Plantation  and  Habitation 
by  the  Space  of  fifty  like  English  Miles,  as  is  aforesaid,  all  alongst 
the  said  Coast  of  Virginia  and  America,  towards  the  West  and 
Southwest,  or  towards  the  South,  as  the  Coast  lyeth,  and  all  the 
Islands  within  one  hundred  Miles,  directly  over  against  the  said 
Sea  Coast;  And  also  all  the  Lands,  Soils,  Grounds,  Havens, 
Ports,  Rivers,  Mines,  Minerals,  Woods,  Marshes,  Waters,  Fish- 
ings, Commodities,  and  Hereditaments,  whatsoever,  from  the 
said  Place  of  their  first  Plantation  and  Habitation  for  the  Space 


Council  for  New  England  197 

of  fifty  like  Miles,  all  alongst  the  said  Coast  of  Virginia  and 
America,  towards  the  East  and  Northeast,  or  towards  the  North, 
as  the  Coast  lyeth,  and  all  the  Islands  also  within  one  hundred 
Miles  directly  over  against  the  same  Sea  Coast ;  And  also  all  the 
Lands,  Soils,  Grounds,  Havens,  Ports,  Rivers,  Woods,  Mines, 
Minerals,  Marshes,  Waters,  Fishings,  Commodities,  and  Heredita- 
ments, whatsoever,  from  the  same  fifty  Miles  every  way  on  the 
Sea  Coast,  directly  into  the  main  Land,  by  the  Space  of  one  hun- 
dred like  English  Miles  ;  And  shall  and  may  inhabit  and  remain 
there ;  and  shall  and  may  also  build  and  fortify  within  any  the 
same  for  their  better  Safeguard,  according  to  their  best  Discre- 
tion, and  the  Discretion  of  the  Council  of  that  Colony ;  And  that 
none  of  our  Subjects  shall  be  permitted,  or  suffered,  to  plant  or 
inhabit  behind,  or  on  the  back  of  them,  towards  the  main  Land, 
without  the  express  Licence  of  the  Council  of  that  Colony,  in 
Writing  thereunto  first  had  and  obtained. 

VI.  PROVIDED  always,  and  our  Will  and  Pleasure  herein  is, 
that  the  Plantation  and  Habitation  of  such  of  the  said  Colonies, 
as  shall  last  plant  themselves,  as  aforesaid,  shall  not  be  made 
within  one  hundred  like  English  Miles  of  the  other  of  them,  that 
first  began  to  make  their  Plantation,  as  aforesaid. 

—  MAC  DONALD,  Select  Charters,  1-5. 

83.   PATENT  OF  THE  COUNCIL  FOR   NEW   ENGLAND 
NOVEMBER  3/13,   1620 

[The  patent  begins  by  reciting  the  grant  of  the  Virginia  charter 
of  1606,  and  the  subsequent  separation  of  the  London  and  Ply- 
mouth companies  under  the  charter  of  1609,  and  continues  :] 

Now  forasmuch  as  We  have  been  in  like  Manner  humbly  peti- 
tioned unto  by  our  trusty  and  well  beloved  Servant,  Sir  fferdi- 
nando  Georges,  Knight,  Captain  of  our  ffort  and  Island  by 
Plymouth,  and  by  certain  the  principal  Knights  and  Gentlemen 
Adventurers  of  the  said  Second  Collonye,  and  by  divers  other 
Persons  of  Quality,  who  now  intend  to  be  their  Associates,  divers 
of  which  have  been  at  great  and  extraordinary  Charge,  and  sus- 
tained many  Losses  in  seeking  and  discovering  a  Place  fitt  and 
convenient  to  lay  the  Foundation  of  a  hopeful  Plantation,  and 
have  divers  Years  past  by  God's  Assistance,  and  their  own  En- 


198  Appendix  B 

deavours,  taken  actual  Possession  of  the  Continent  hereafter 
mentioned,  in  our  Name  and  to  our  Use,  as  Sovereign  Lord 
thereof,  and  have  settled  already  some  of  our  People  in  Places 
agreeable  to  their  Desires  in  those  Parts,  and  in  Confidence  of 
prosperous  Success  therein,  by  the  Continuance  of  God's  Devine 
Blessing,  and  our  Royall  Permission,  have  resolved  in  a  more 
plentifull  and  effectual  Manner  to  prosecute  the  same,  and  to  that 
Purpose  and  Intent  have  desired  of  Us,  for  their  better  Encour- 
agement and  Satisfaction  herein,  and  that  they  may  avoide  all 
Confusion,  Questions,  or  Differences  between  themselves,  and 
those  of  the  said  first  Collonye,  We  would  likewise  be  graciously 
pleased  to  make  certaine  Adventurers,  intending  to  erect  and 
establish  ffishery,  Trade,  and  Plantacion,  within  the  Territoryes, 
Precincts,  and  Lymitts  of  the  said  second  Colony,  and  their  Suc- 
cessors, one  several  distinct  and  entire  Body,  and  to  grant  unto 
them,  such  Estate,  Liberties,  Priveliges,  Enlargements,  and  Im- 
munityes  there,  as  in  these  our  Letters-Pattents  hereafter  particu- 
larly expressed  and  declared.  And  forasmuch  as  We  have  been 
certainly  given  to  understand  by  divers  of  our  good  Subjects, 
that  have  for  these  many  Yeares  past  frequented  those  Coasts 
and  Territoryes,  between  the  Degrees  of  Fourty  and  Fourty- 
Eight,  that  there  is  noe  other  the  Subjects  of  any  Christian  King 
or  State,  by  any  Authority  from  their  Soveraignes,  Lords,  or 
Princes,  actually  in  Possession  of  any  of  the  said  Lands  or  Pre- 
cincts, whereby  any  Right,  Claim,  Interest,  or  Title,  may  .  .  . 
by  that  Meanes  accrue  .  .  .  unto  them,  or  any  of  them.  And 
also  for  that  We  have  been  further  given  certainly  to  knowe,  that 
within  these  late  Yeares  there  hath  by  God's  Visitation  raigned 
a  wonderfull  Plague,  together  with  many  horrible  Slaughters,  and 
Murthers,  committed  amoungst  the  Savages  and  bruitish  People 
there,  heertofore  inhabiting,  in  a  Manner  to  the  utter  Destruc- 
tion, Devastacion,  and  Depopulacion  of  that  whole  Territorye, 
so  that  there  is  not  left  for  many  Leagues  together  in  a  Manner, 
any  that  doe  claime  or  challenge  any  Kind  of  Interests  therein, 
nor  any  other  Superiour  Lord  or  Souveraigne  to  make  Claime 
thereunto,  whereby  We  in  our  Judgment  are  persuaded  and  satis- 
fied that  the  appointed  Time  is  come  in  which  Almighty  God  in 
his  great  Goodness  and  Bountie  towards  Us  and  our  People, 
hath  thought  fitt  and  determined,  that  those  large  and  goodly 


Grant  of  Maine  199 

Territoryes,  deserted  as  it  were  by  their  natural!  Inhabitants, 
should  be  possessed  and  enjoyed  by  such  of  our  Subjects  and 
People  as  heertofore  have  and  hereafter  shall  by  his  Mercie  and 
Favour,  and  by  his  Powerfull  Arme,  be  directed  and  conducted 
thither.  In  Contemplacion  and  serious  Consideracion  whereof, 
Wee  have  thougt  it  fitt  according  to  our  Kingly  Duty,  soe  much 
as  in  Us  lyeth,  to  second  and  followe  God's  sacred  Will,  render- 
ing reverend  Thanks  to  his  Divine  Majestic  for  his  gracious 
favour  in  laying  open  and  revealing  the  same  unto  us,  before  any 
other  Christian  Prince  or  State,  by  which  Meanes  without 
Offence,  and  as  We  trust  to  his  Glory,  Wee  may  with  Boldness 
goe  on  to  the  settling  of  soe  hopefull  a  Work,  which  tendeth  to 
the  reducing  and  Conversion  of  such  Savages  as  remaine  wan- 
dering in  Desolacion  and  Distress,  to  Civil  Societie  and  Christian 
Religion,  to  the  Inlargement  of  our  own  Dominions,  and  the 
Advancement  of  the  Fortunes  of  such  of  our  good  Subjects  as 
shall  willingly  intresse  themselves  in  the  said  Imployment,  to 
whom  We  cannot  but  give  singular  Commendations  for  their  soe 
worthy  Intention  and  Enterprize ;  Wee  therefore  .  .  .  Do  .  .  . 
grant  .  .  .  that  all  that  Circuit,  Continent,  Precincts,  and 
Limitts  in  America,  lying  and  being  in  Breadth  from  Fourty 
Degrees  of  Northerly  Latitude,  from  the  Equnoctiall  Line,  to 
Fourty-eight  Degrees  of  the  said  Northerly  Latitude,  and  in 
Length  by  all  the  Breadth  aforesaid  throughout  the  Maine  Land, 
from  Sea  to  Sea,  with  all  the  Seas,  Rivers,  Islands,  Creekes, 
Inletts,  Ports,  and  Havens,  within  the  Degrees  ...  of  the  said 
Latitude  and  Longitude,  shall  be  the  Limitts  ...  of  the  second 
Collony :  And  to  the  End  that  the  said  Territoryes  may  forever 
hereafter  be  more  particularly  and  certainly  known  and  distin- 
guished, our  Will  and  Pleasure  is,  that  the  same  shall  from 
henceforth  be  nominated,  termed,  and  called  by  the  Name  of 
New-England,  in  America.  .  .  . 

—  MACDONALD,  Select  Charters,  24-26. 

84.    GRANT  OF  MAINE  TO  GORGES  AND  MASON 
AUGUST  10/20,  1622 

[The  patent  recites  the  grant  of  1620  to  the  Council  for  New 
England,  and  continues  :] 


2OO  Appendix  B 

Now  this  Indenture  witnesseth  that  the  said  President  and 
Councill  .  .  .  doe  give  grant  .  .  .  and  confirme  unto  the  said 
Sir  Ferdinando  Gorges  &  Captain  John  Mason  their  heirs  and 
assignes  all  that  part  of  the  maine  land  in  New  England  lying 
upon  the  Sea  Coast  betwixt  the  rivers  of  Merrimack  &  Sagada- 
hock  and  to  the  furthest  heads  of  the  said  Rivers  and  soe  for- 
wards up  into  the  land  westward  untill  threescore  miles  be  finished 
from  the  first  entrance  of  the  aforesaid  rivers  and  half  way  over 
that  is  to  say  to  the  midst  of  the  said  two  rivers  which  bounds 
and  limitts  the  lands  aforesaid  togeather  with  all  Islands  &  Isletts 
within  five  leagues  distance  of  the  said  premisses  and  abutting 
upon  the  same  or  any  part  or  parcell  thereoff  .  .  .  which  said 
porcons  of  lands  with  the  appurtenances  the  said  Sir  Ferdinando 
Gorges  and  Capt.  John  Mason  with  the  consent  of  the  President 
&  Councell  intend  to  name  the  PROVINCE  OF  MAINE.  .  .  . 

—  MACDONALD,  Select  Charters,  37. 

85.  FIRST  CHARTER  OF  MASSACHUSETTS 
MARCH  4/14,  1628/9 

[The  charter  begins  with  a  recital  of  the  patent  of  1620  to  the 
Council  for  New  England,  and  the  subsequent  grant  by  the 
Council,  in  March,  1627/8,  to  Sir  Henry  Rosewell  and  others, 
which  last-mentioned  grant  is  by  this  present  charter  confirmed, 
and  continues :] 

AND  FURTHER  knowe  yee,  That .  .  .  Wee  ...  by  theis  presents 
doe  .  .  .  give  and  graunt  unto  the  said  Sir  Henry  Rosewell,  Sir 
John  Younge,  Sir  Richard  Saltonstall,  Thomas  Southcott,  John 
Humfrey,  John  Endecott,  Symon  Whetcombe,  Isaack  Johnson, 
Samuell  Aldersey,  John  Ven,  Mathewe  Cradock,  George  Har- 
wood,  Increase  Nowell,  Richard  Pery,  Richard  Bellingham, 
Nathaniel  Wright,  Samuell  Vassall,  Theophilus  Eaton,  Thomas 
Goflfe,  Thomas  Adams,  John  Browne,  Samuell  Browne,  Thomas 
Hutchins,  William  Vassall,  William  Pinchion,  and  George  Fox- 
crofte,  theire  heires  and  assignes,  All  that  parte  of  Newe  Eng- 
land in  America  which  lyes  and  extendes  betweene  a  great  river 
there  commonlie  called  Monomack  river,  alias  Merrimack  river, 
and  a  certen  other  river  there  called  Charles  river,  being  in  the 
bottome  of  a  certen  bay  there  commonlie  called  Massachusetts, 


Charter  of  Massachusetts  201 

alias  Mattachusetts,  alias  Massatusetts  bay:  And  also  all  and 
singular  those  landes  and  hereditaments  whatsoever,  lyeing 
within  the  space  of  three  Englishe  myles  on  the  south  parte  of 
the  saide  river  called  Charles  river,  or  of  any  or  every  parte 
thereof:  And  also  all  and  singuler  the  landes  and  hereditaments 
whatsoever  lyeing  and  being  within  the  space  of  three  Englishe 
myles  to  the  southward  of  the  southernmost  parte  of  the  said 
baye  called  Massachusetts  .  .  .  :  And  also  all  those  landes  and 
hereditaments  whatsoever  which  lye  and  be  within  the  space  of 
three  English  myles  to  the  northward  of  the  saide  river  called 
Monomack,  alias  Merrymack,  or  to  the  northward  of  any  and 
every  parte  thereof,  and  all  landes  and  hereditaments  whatsoever, 
lyeing  within  the  lymitts  aforesaide,  north  and  south,  in  latitude 
and  bredth,  and  in  length  and  longitude,  of  and  within  all  the 
bredth  aforesaide,  throughout  the  mayne  lands  there  from  the  At- 
lantick  and  westerne  sea  and  ocean  on  the  east  parte,  to  the  south 
sea  on  the  west  parte:  .  .  .  and  also  all  islandes  in  America 
aforesaide,  in  the  saide  seas,  or  either  of  them,  on  the  westerne 
or  easterne  coastes,  or  partes  of  the  said  tracts  of  landes  hereby 
mentioned  to  be  given  and  graunted  .  .  . ,  and  all  mynes  and 
myneralls,  as  well  royall  mynes  of  gould  and  silver  as  other  mynes 
and  myneralls  whatsoever  .  .  . ,  and  free  libertie  of  fishing  in  or 
within  any  the  rivers  or  waters  within  the  boundes  and  lymytts 
aforesaid,  and  the  seas  thereunto  adjoining :  And  all  fishes,  royal 
fishes,  whales,  balan,  sturgions,  and  other  fishes,  of  what  kinde  or 
nature  soever  that  shall  ...  be  taken  in  ...  the  saide  seas 
or  waters  ...  by  the  said  Sir  Henry  Rosewell  .  .  .  [and 
others]  ...  or  by  any  person  or  persons  whatsoever  there  in- 
habiting, by  them,  or  any  of  them,  to  be  appointed  to  fishe 
therein.  PROVIDED,  alwayes,  that  yf  the  said  landes,  islandes,  or 
any  other  the  premisses  herein  before  mentioned,  and  by  theis 
presents  intended  and  meant  to  be  graunted,  were,  at  the  tyme 
of  the  graunting  of  the  saide  former  letters  patents  ...  [of  1620] 
.  .  .  actuallie  possessed  or  inhabited  by  any  other  Christian 
Prince  or  State,  or  were  within  the  boundes  ...  of  that 
Southerne  Colony  then  before  graunted  by  our  said  late  father  to 
be  planted  ...  in  the  south  partes  of  America,  That  then  this 
present  graunt  shall  not  extend  to  any  such  partes  .  .  . ,  but  as 
to  those  partes  .  .  .  shalbe  utterly  voyd. 

—  MACDONALD,  Select  Charters,  38-39. 


2O2  Appendix  B 

86.    PLYMOUTH  PATENT 
JANUARY  13/23,  1629/30 

[The  patent  recites  the  grant  of  1620  to  the  Council  for  New 
England,  and  continues :] 

Now  knowe  yee  that  the  said  councell  by  virtue  and  authority 
of  his  said  late  Majesty's  letters  pattents  and  for  and  in  considera- 
tion that  William  Bradford  and  his  associatts  have  for  these  nine 
yeares  lived  in  New  Englande  aforesaid  and  have  there  inhabited 
and  planted  a  towne  called  by  the  name  of  New  Plimouth  att  their 
own  proper  costs  and  charges :  And  now  seeinge  that  by  the 
speciall  providence  of  god,  and  their  extraordinary  care  and  in- 
dustry they  have  increased  their  plantation  to  neere  three  hundred 
people,  and  are  uppon  all  occasions  able  to  relieve  any  new 
planters  or  others  his  Majesty's  subjects  whoe  may  fall  uppon 
that  coaste ;  .  .  .  doe  .  .  .  graunt  .  .  .  unto  the  said  William 
Bradford,  his  heires,  associatts  and  assignes  all  that  part  of  New- 
Englande  in  America  aforesaid  and  tracte  and  tractes  of  lande 
that  lye  within  or  betweene  a  certaine  rivolet  or  rundlett  there 
commonly  called  Coahassett  alias  Conahasset  towards  the  north, 
and  the  river  commonly  called  Naragansets  river  towards  the 
south  ;  and  the  great  westerne  ocean  towards  the  east,  and  be- 
tweene and  within  a  straight  line  directly  extendinge  upp  into 
the  maine  land  towards  the  west  from  the  mouth  of  the  said  river 
called  Naragansetts  river  to  the  utmost  limitts  and  bounds  of  a 
cuntry  or  place  in  New  Englande  called  Pokenacutt  alias  Sowam- 
sett  westward,  and  another  like  straight  line  extendinge  itself 
directly  from  the  mouth  of  the  said  river  called  Coahassett  alias 
Conahassett  towards  the  west  so  fair  up  into  the  maine  lande 
westwardes  as  the  utmost  limitts  of  the  said  place  or  cuntry  com- 
monly called  Pokencutt  alias  Sowamsett  doe  extend,  togeather 
with  one  half  of  the  said  river  called  Naragansetts  and  the  said 
rivolett  or  rundlett  called  Coahassett  alias  Conahassett.  .  .  . 
And  for  as  much  as  they  have  noe  conveniente  place  either  of 
tradinge  or  ffishinge  within  their  own  precints  whereby  (after  soe 
long  travell  and  great  paines,)  so  hopefull  a  plantation  may  sub- 
siste,  as  alsoe  that  they  may  bee  incouraged  the  better  to  proceed 
in  soe  pious  a  worke  which  may  especially  tend  to  the  propagation 


Province  of  Maine  203 

of  religion  and  the  great  increase  of  trade  to  his  Majesty's 
realmes,  and  advancemente  of  the  publique  plantation,  the  said 
councell  .  .  .  further  .  .  .  graunte  .  .  .  unto  the  said  William 
Bradford  ...  all  that  tracte  of  lande  or  parte  of  New  England 
.  .  .  which  lyeth  within  or  betweene  and  extendeth  itself  from 
the  utmost  limitts  of  Cobbiseconte  alias  Comasee-Conte  which 
adjoineth  to  the  river  of  Kenebeke  alias  Kenebekike  towards  the 
westerne  ocean  and  a  place  called  the  falls  at  Mequamkike  .  .  ., 
and  the  space  of  fifteene  Englishe  miles  on  each  side  of  the  said 
river  commonly  called  Kenebek  river,  and  all  the  said  river  called 
Kenebek  that  lies  within  the  said  limitts  and  bounds  eastward 
westward  northward  or  southward  laste  above  mentioned.  .  .  . 
—  MACDONALD,  Select  Charters,  52-53. 

87.   GRANT  OF  THE  PROVINCE  OF  MAINE 
APRIL  3/13,  1639 

Whereas  Sir  Ferdinando  Gorges  Knight  hath  been  an  humble 
suitor  unto  us  to  graunte  and  confirme  unto  him  and  his  heires  a 
parte  and  porcon  of  the  Countrie  of  America  now  commonly 
called  or  knowne  by  the  name  of  New  England  in  America  here- 
after in  theise  Presents  described  by  the  meets  and  boundes 
thereof  .  .  .  which  parte  or  porcon  of  the  said  Countrie  wee  have 
heretofore  .  .  .  taken  into  actuall  and  reall  possession  or  in  de- 
faulte  of  such  actuall  and  reall  possession  formerly  taken  Wee 
Doe  by  theise  Presents  .  .  .  take  the  same  into  our  .  .  .  possession 
Knowe  yee  therefore  that  .  .  .  Wee  ...  by  these  Presents  .  .  . 
Doe  give  graunte  and  confirme  unto  the  said  Sir  Fardinando 
Gorges  his  heires  and  assignes  All  that  Parte  ...  of  the  Mayne 
Lande  of  New  England  aforesaid  beginning  att  the  entrance  of 
Pascataway  Harbor  and  soe  to  passe  upp  the  same  into  the  River 
of  Newichewanocke  and  through  the  same  unto  the  furthest  heade 
thereof  and  from  thence  Northwestwards  till  one  hundred  and 
twenty  miles  bee  finished  and  from  Pascataway  Harbor  mouth 
aforesaid  Northeastwards  along  the  Sea  Coasts  to  Sagadahocke 
and  upp  the  River  thereof  to  Kynybequy  River  and  through  the 
same  unto  the  heade  thereof  and  into  the  Lande  Northwestwards 
untill  one  hundred  and  twenty  myles  bee  ended  being  accompted 
from  the  mouth  of  Sagadahocke  and  from  the  period  of  one  hun- 


2O4  Appendix  B 

dred  and  twenty  myles  aforesaid  to  crosse  over  Lande  to  the  one 
hundred  and  twenty  myles  end  formerly  reckoned  upp  into  the 
Lande  from  Pascataway  Harbor  through  Newichewanocke  River 
and  alsoe  the  Northe  halfe  of  the  Isles  of  Shoales  togeather  with 
the  Isles  of  Capawock  and  Nawtican  neere  Cape  Cod  as  alsoe  all 
the  Islands  and  Iletts  lyeinge  within  five  leagues  of  the  Mayne 
all  alonge  the  aforesaide  Coasts  betweene  the  aforesaid  River  of 
Pascataway  and  Segadahocke.  .  .  .  All  which  said  Part  ...  of 
the  Mayne  Lande  and  all  and  every  the  Premisses  herein  before 
named  Wee  Doe  .  .  .  create  and  incorporate  into  One  Province 
or  Countie  .  .  .  [to]  ...  be  called  and  named  the  Province  or 
Countie  of  Mayne.  .  .  . 

—  MACDONALD,  Select  Charters,  66-67. 

88.    GRANT  TO  THE  DUKE  OF  YORK 
MARCH  12/22,  1663/4 

CHARLES  the  Second,  .  .  .  [&c.J  .  .  .  Know  ye  that  we 
...  by  these  presents  for  us  Our  heirs  and  Successors  Do  Give 
and  Grant  unto  our  Dearest  Brother  James  Duke  of  York  his 
Heirs  and  Assigns  All  that  part  of  the  maine  Land  of  New  Eng- 
land beginning  at  a  certain  place  called  or  known  by  the  name  of 
St  Croix  next  adjoining  to  New  Scotland  in  America  and  from 
thence  extending  along  the  Sea  Coast  unto  a  certain  place  called 
Petuaquine  or  Pemaquid  and  so  up  the  River  thereof  to  the 
furthest  head  of  the  same  as  it  tendeth  Northwards  and  extending 
from  thence  to  the  River  Kinebequi  and  so  Upwards  by  the 
Shortest  course  to  the  River  Canada  Northward  And  also  all 
that  Island  or  Islands  commonly  called  by  the  several  name  or 
names  of  Matowacks  or  Long  Island  situate  lying  and  being 
towards  the  West  of  Cape  Cod  and  the  Narrow  Higansetts  abut- 
ting upon  the  main  land  between  the  two  Rivers  there  called  or 
known  by  the  several  names  of  Connecticut  and  Hudsons  River 
together  also  with  the  said  River  called  Hudsons  River  and  all 
the  Land  from  the  West  side  of  Connecticut  to  the  East  side  of 
Delaware  Bay  and  also  all  those  several  Islands  called  or  known 
by  the  Names  of  Martin's  Vinyard  and  Nantukes  otherwise 
Nantuckett.  .  .  . 

—  MACDONALD,  Select  Charters,  137. 


Second  Massachusetts  Charter  205 

89.    SECOND  CHARTER  OF  MASSACHUSETTS 
OCTOBER  7/17,  1691 

[The  charter  begins  by  reciting  the  grant  of  a  patent  in  1620 
to  the  Council  for  New  England,  the  grant  by  the  Council  to  the 
Massachusetts  Bay  Company  in  1628,  the  royal  charter  of  1629, 
and  the  vacating  of  the  charter  by  a  judgment  in  chancery  in 
1684,  and  continues :] 

"Ettfc  $2SJ)mas  severall  persons  employed  as  Agents  in  behalfe 
of  Our  said  Collony  of  the  Massachusetts  Bay  in  New  England 
have  made  their  humble  application  unto  Us  that  Wee  would  be 
graciously  pleased  by  Our  Royall  Charter  to  Incorporate  Our 
Subjects  in  Our  said  Collony  and  to  grant  and  confirme  unto 
them  such  powers  priviledges  and  Franchises  as  [in]  Our  Royall 
Wisdome  should  be  thought  most  conduceing  to  Our  Interest  and 
Service  and  to  the  Welfare  and  happy  State  of  Our  Subjects  in 
New  England  and  Wee  being  graciously  pleased  to  gratifie  Our 
said  Subjects  And  alsoe  to  the  end  Our  good  Subjects  within  Our 
Collony  of  New  Plymouth  in  New  England  aforesaid  may  be 
brought  under  such  a  forme  of  Government  as  may  put  them  in 
a  better  Condition  of  defence  and  considering  aswell  the  granting 
unto  them  as  unto  Our  Subjects  in  the  said  Collony  of  the  Massa- 
chusetts Bay  Our  Royall  Charter  with  reasonable  Powers  and 
Priviledges  will  much  tend  not  only  to  the  safety  but  to  the 
Flourishing  estate  of  Our  Subjects  in  the  said  parts  of  New  Eng- 
land and  alsoe  to  the  advanceing  of  the  ends  for  which  the  said 
Plantations  were  at  first  encouraged  .  .  .  Wee  doe  by  these  pres- 
ents for  Us  Our  Heirs  and  Successors  Will  and  Ordeyne  that  the 
Territories  and  Collonyes  comonly  called  or  known  by  the  Names 
of  the  Collony  of  the  Massachusetts  Bay  and  Collony  of  New 
Plymouth  the  Province  of  Main  the  Territorie  called  Accadia  or 
Nova  Scotia  and  all  that  Tract  of  Land  lying  betweene  the  said 
Territori/0r/es  of  Nova  Scotia  and  the  said  Province  of  Main  be 
Erected  United  and  Incorporated  .  .  .  into  one  reall  Province  by 
the  Name  of  Our  Province  of  the  Massachusetts  Bay  in  New 
England  And  .  .  .  Wee  doe  give  and  grant  unto  Our  good  Sub- 
jects the  Inhabitants  of  Our  said  Province  or  Territory  of  the 
Massachusetts  Bay  and  their  Successors  all  that  parte  of  New 
England  in  America  lying  and  extending  from  the  greate  River 


2o6  Appendix  B 

commonly  called  Monomack  alias  Merrimack  on  the  Northpart 
and  from  three  Miles  Northward  of  the  said  River  to  the  Atlantick 
or  Western  Sea  or  Ocean  on  the  South  part  And  all  the  Lands 
and  Hereditaments  whatsoever  lying  within  the  limitts  aforesaid 
and  extending  as  farr  as  the  Outermost  Points  or  Promontories 
of  Land  called  Cape  Cod  and  Cape  Mallabar  North  and  South 
and  in  Latitude  Breadth  and  in  Length  and  Longitude  of  and 
within  all  the  Breadth  and  Compass  aforesaid  throughout  the 
Main  Land  there  from  the  said  Atlantick  or  Western  Sea  and 
Ocean  on  the  East  parte  towards  the  South  Sea  or  Westward  as 
far  as  Our  Collonyes  of  Rhode  Island  Connecticutt  and  the 
Marragansett  {Narragansetf}  Countrey  all  alsoe  all  that  part  or 
portion  of  Main  Land  beginning  at  the  Entrance  of  Pescata  way 
Harbour  and  soe  to  pass  upp  the  same  into  the  River  of  Newicke- 
wannock  and  through  the  same  into  the  furthest  head  thereof 
and  from  thence  Northwestward  till  One  Hundred  and  Twenty 
Miles  be  finished  and  from  Piscata  way  Harbour  mouth  aforesaid 
North-Eastward  along  the  Sea  Coast  to  Sagadehock  and  from 
the  Period  of  One  Hundred  and  Twenty  Miles  aforesaid  to  crosse 
over  Land  to  the  One  Hundred  and  Twenty  Miles  before  reck- 
oned up  into  the  Land  from  Piscataway  Harbour  through  Ne- 
wickawannock  River  and  also  the  North  halfe  of  the  Isles  and 
\pf~\  Shoales  together  with  the  Isles  of  Cappawock  and  Nantukett 
near  Cape  Cod  aforesaid  and  alsoe  [all]  Lands  and  Heredita- 
ments lying  and  being  in  the  Countrey  and  Territory  commonly 
called  Accadia  or  Nova  Scotia  And  all  those  Lands  and  Heredi- 
taments lying  and  extending  betweene  the  said  Countrey  or  Ter- 
ritory of  Nova  Scotia  and  the  said  River  of  Sagadahock  or  any 
part  thereof  .  .  .  and  alsoe  all  Islands  and  Islets  lying  within 
tenn  Leagues  directly  opposite  to  the  Main  Land  within  the  said 
bounds  .  .  . 

—  MACDONALD,  Select  Charter T,  205-207. 

90.    ARTICLES  OF  SEPARATION 
JUNE  19,   1819 

An  Act  relating  to  the  separation  of  the  District  of  Maine 
from  Massachusetts  proper,  and  forming  the  same  into  a  sepa- 
rate and  independent  State. 


v  ; 

ides  of  Separation  207 

Whereas,  It  has  been  represented  to  this  Legislature  that  a 
majority  of  the  people  of  the  District  of  Maine  are  desirous  of 
establishing  a  separate  and  independent  Government  within  said 
District;  Therefore, 

Section  i.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That  the  consent  of  this  Commonwealth  be,  and  the 
same  is  hereby  given,  that  the  District  of  Maine  may  be  formed 
and  erected  into  a  separate  and  independent  State,  if  the  people 
of  the  said  District  shall,  in  the  manner,  and  by  the  majority, 
hereinafter  mentioned,  express  their  consent  and  agreement 
thereto,  upon  the  following  terms  and  conditions;  and,  pro- 
vided, the  Congress  of  the  United  States  shall  give  its  consent 
thereto,  before  the  fourth  day  of  March  next ;  which  terms  and 
conditions  are  as  follows,  viz. : 

First.  All  the  lands  and  buildings  belonging  to  the  Common- 
wealth, within  Massachusetts  proper,  shall  continue  to  belong  to 
said  Commonwealth  ;  and  all  the  lands  belonging  to  the  Common- 
wealth, within  the  District  of  Maine,  shall  belong,  the  one-half 
thereof  to  the  said  Commonwealth,  and  the  other  half  thereof,  to 
the  State  to  be  formed  within  the  said  District,  to  be  divided  as 
is  hereinafter  mentioned  ;  and  the  lands  within  the  said  District 
which  shall  belong  to  the  said  Commonwealth  shall  be  free  from 
taxation,  while  the  title  to  the  said  lands  remains  in  the  Common- 
wealth ;  and  the  rights  of  the  Commonwealth  to  their  lands,  within 
said  District,  and  the  remedies  for  the  recovery  thereof,  shall  con- 
tinue the  same  within  the  proposed  State,  and  in  the  courts  thereof, 
as  they  now  are  within  the  said  Commonwealth,  and  in  the  courts 
thereof.  ... 

Second.  All  the  arms  which  have  been  received  by  this  Com- 
monwealth from  the  United  States,  under  the  law  of  Congress, 
entitled,  "  An  act  making  provision  for  arming  and  equipping  the 
whole  body  of  Militia  of  the  United  States,"  passed  April  the 
twenty-third,  one  thousand  eight  hundred  and  eight,  shall,  as  soon 
as  the  said  District  shall  become  a  separate  State,  be  divided 
between  the  two  States,  in  proportion  to  the  returns  of  the  militia, 
according  to  which,  the  said  arms  have  been  received  from  the 
United  States,  as  aforesaid. 

Third.    All  moneys,  stock,  or  other  proceeds,  hereafter  obtained 


208  Appendix  B 

from  the  United  States,  on  account  of  the  claim  of  this  Common- 
wealth, for  disbursements  made,  and  expenses  incurred,  for  the 
defence  of  the  State,  during  the  late  war  with  Great  Britain,  shall 
be  received  by  this  Commonwealth,  and  when  received,  shall  be 
divided  between  the  two  States,  in  the  proportion  of  two-thirds  to 
this  Commonwealth  and  one-third  to  the  new  State. 

Fourth.  All  other  property,  of  every  description,  belonging  to 
the  Commonwealth,  shall  be  holden  and  receivable  by  the  same, 
as  a  fund  and  security,  for  all  debts,  annuities,  and  Indian  subsidies, 
or  claims  due  by  said  Commonwealth  ;  and  within  two  years  after 
the  said  District  shall  have  become  a  separate  State,  the  Com- 
missioners to  be  appointed,  as  hereinafter  provided,  if  the  said 
States  cannot  otherwise  agree,  shall  assign  a  just  portion  of  the 
productive  property  so  held  by  said  Commonwealth,  as  an  equiva- 
lent and  indemnification  to  said  Commonwealth,  for  all  such  debts 
and  annuities,  or  Indian  subsidies  or  claims,  which  may  then  re- 
main due  or  unsatisfied ;  and  all  the  surplus  of  the  said  property, 
so  holden,  as  aforesaid,  shall  be  divided  between  the  said  Common- 
wealth and  the  said  District  of  Maine,  in  the  proportion  of  two- 
thirds  to  the  said  Commonwealth,  and  one-third  to  the  said 
District.  And  if,  in  the  judgment  of  the  said  Commissioners,  the 
whole  of  said  property,  so  held,  as  a  fund  and  security,  shall  not 
be  sufficient  indemnification,  the  said  District  shall  be  liable  for, 
and  shall  pay  to  said  Commonwealth,  one-third  of  the  deficiency. 

Fifth.  The  new  State  shall,  as  soon  as  the  necessary  arrange- 
ments can  be  made  for  that  purpose,  assume  and  perform  all  the 
duties  and  obligations  of  this  Commonwealth,  towards  the  Indians 
within  said  District  of  Maine,  whether  the  same  arise  from  treaties, 
or  otherwise ;  and  for  this  purpose,  shall  obtain  the  assent  of  said 
Indians,  and  their  release  to  this  Commonwealth  of  claims  and 
stipulations  arising  under  the  treaty  at  present  existing  between 
the  said  Commonwealth  and  said  Indians ;  and  as  an  indemnifi- 
cation to  such  new  State,  therefor,  this  Commonwealth,  when  such 
arrangements  shall  be  completed,  and  the  said  duties  and  obliga- 
tions assumed,  shall  pay  to  said  new  State,  the  value  of  thirty 
thousand  dollars .  .  .  . 

****** 

Seventh.  All  grants  of  land,  franchises,  immunities,  corporate 
or  other  rights,  and  all  contracts  for,  or  grants  of  land  not  yet 


Articles  of  Separation  209 

located,  which  have  been  or  may  be  made  by  the  said  Common- 
wealth, before  the  separation  of  said  District  shall  take  place, 
having  or  to  have  effect  within  the  said  District,  shall  continue  in 
full  force,  after  the  said  District  shall  become  a  separate  State. 
But  the  grant  which  has  been  made  to  the  President  and  Trustees 
of  Bowdoin  College,  out  of  the  tax  laid  upon  the  banks,  within  this 
Commonwealth,  shall  be  charged  upon  the  tax  upon  the  banks 
within  the  said  District  of  Maine,  and  paid  according  to  the  terms 
of  said  grant ;  and  the  President  and  Trustees,  and  the  Overseers 
of  said  College,  shall  have,  hold  and  enjoy  their  powers  and  privi- 
leges in  all  respects ;  so  that  the  same  shall  not  be  subject  to  be 
altered,  limited,  annulled  or  restrained,  except  by  judicial  process, 
according  to  the  principles  of  law ;  and  in  all  grants  hereafter  to 
be  made,  by  either  State,  of  unlocated  land  within  the  said  District, 
the  same  reservations  shall  be  made  for  the  benefit  of  schools  and 
of  the  ministry,  as  have  heretofore  been  usual,  in  grants  made  by 
this  Commonwealth.  And  all  lands  heretofore  granted  by  this 
Commonwealth,  to  any  religious,  literary,  or  eleemosynary  corpo- 
ration, or  society,  shall  be  free  from  taxation,  while  the  same  con- 
tinue to  be  owned  by  such  corporation,  or  society. 

Eighth.  No  laws  shall  be  passed  in  the  proposed  State,  with 
regard  to  taxes,  actions  or  remedies  at  law,  or  bars,  or  limitations 
thereof,  or  otherwise  making  any  distinction  between  the  lands 
and  rights  of  property  of  proprietors,  not  residents  in,  or  not  citi- 
zens of  said  proposed  State,  and  the  lands  and  rights  of  property 
of  the  citizens  of  the  proposed  State,  resident  therein.  .  .  . 

Ninth.  These  terms  and  conditions,  as  here  set  forth,  when  the 
said  District  shall  become  a  separate  and  independent  State,  shall, 
ipso  facto,  be  incorporated  into,  and  become,  and  be  a  part  of  any 
constitution,  provisional,  or  other,  under  which  the  government  of 
the  said  proposed  State  shall,  at  any  time  hereafter,  be  adminis- 
tered ;  subject,  however,  to  be  modified,  or  annulled,  by  the  agree- 
ment of  the  Legislature  of  both  the  said  States  ;  but  by  no  other 
power  or  body  whatsoever. 

Sec.  2.  Be  it  further  enacted,  That  the  inhabitants  of  the 
several  towns,  districts,  and  plantations,  in  the  District  of  Maine, 
qualified  to  vote  for  Governor  or  Senators,  shall  assemble  in  regu- 
lar meeting,  to  be  notified  by  warrants  of  the  proper  officers,  on 
the  fourth  Monday  of  July  next,  and  shall,  in  open  meeting,  give 


2io  Appendix  B 

in  their  votes,  on  this  question  :  "  Is  it  expedient,  that  the  District 
of  Maine  shall  become  a  separate  and  independent  State,  upon  the 
terms  and  conditions,  provided  in  an  act,  entitled  '  An  act  relating 
to  the  separation  of  the  District  of  Maine  from  Massachusetts 
proper,  and  forming  the  same  into  a  separate  and  independent 
State '  ?  "  And  the  selectmen  of  the  towns  and  districts,  and  the 
assessors  of  the  plantations,  shall,  in  open  meeting,  receive,  sort, 
count  and  declare,  and  the  clerks  thereof,  respectively,  shall  record 
the  votes  given  for  and  against  the  measure ;  and  the  said  select- 
men, assessors,  and  clerks,  respectively,  shall  make  out  an  exact 
return  thereof,  under  their  hands  and  shall  seal  up  and  transmit 
the  same  to  the  office  of  the  Secretary  of  this  Commonwealth,  on 
or  before  the  fourth  Monday  of  August  next.  And  all  returns, 
not  then  made,  shall  be  rejected  in  the  counting;  and  the  Gov- 
ernor and  Council  shall  open  and  examine  the  said  returns,  made 
as  aforesaid,  and  shall  count  the  votes  given  on  the  said  question ; 
and  the  Governor  shall,  by  public  proclamation,  to  be  made  as 
soon  as  the  state  of  the  vote  can  be  ascertained,  after  the  said 
fourth  Monday  of  August  next,  make  known  the  result,  by  de- 
claring the  number  of  votes  appearing  in  favor  of  the  separation 
of  said  District,  as  aforesaid,  and  the  number  of  votes  appearing 
against  it.  And,  if  the  number  of  votes  for  the  measure  shall  ex- 
ceed the  number  of  votes  against  it,  by  fifteen  hundred,  then,  and 
not  otherwise,  the  people  of  said  District  shall  be  deemed  to  have 
expressed  their  consent  and  agreement,  that  the  said  District  shall 
become  a  separate  and  independent  State,  upon  the  terms  and 
conditions  above  stated ;  and  in  case  of  such  majority,  the  Gov- 
ernor, in  his  said  proclamation,  shall  call  upon  the  people  of  said 
District  to  choose  delegates  to  meet  in  convention  for  the  pur- 
poses, and  in  the  manner  hereinafter  provided.  .  .  . 

Sec.  3.  Be  it  further  enacted,  That  if  it  shall  be  declared  by 
said  proclamation,  that  the  said  majority  of  fifteen  hundred  votes 
appeared  by  the  said  returns  to  be  in  favor  of  the  separation  of 
the  said  District  as  aforesaid ;  the  inhabitants  of  the  several 
towns  and  districts,  now  entitled  to  send  one  or  more  Representa- 
tives to  the  General  Court,  and  all  other  incorporated  towns, 
shall,  on  the  third  Monday  of  September  next,  assemble  in  town 
meeting,  to  be  notified  by  warrant  of  the  selectmen,  and  shall 
elect  one  or  more  delegates  (not  exceeding  the  number  of  repre- 


Articles  of  Separation  211 

sentatives  which  such  town  is  now  entitled  to  ;  each  town,  how- 
ever, to  be  at  liberty  to  elect  at  least  one,)  to  meet  delegates 
from  other  towns  within  the  said  District,  in  convention,  for  the 
purpose  of  forming  a  constitution,  or  frame  of  government,  for 
the  said  District.  And  at  such  meeting  of  the  said  inhabitants, 
every  person  qualified  to  vote  for  Senators,  shall  have  a  right  to 
vote  in  the  choice  of  delegates.  .  .  . 

Sec.  4.  Be  it  further  enacted,  That  the  persons  so  elected 
delegates,  shall  meet  in  convention,  at  the  Court  House,  in  Port- 
land, in  the  County  of  Cumberland,  on  the  second  Monday  of 
October  next,  and  they  shall  be  the  judges  of  the  returns  and 
election  of  their  own  members,  and  may  adjourn  from  time  to 
time,  and  sixty  of  the  persons  elected  shall  constitute  a  quorum 
for  the  transaction  of  business ;  and  the  said  delegates  shall,  as 
soon  as  may  be,  proceed  to  organize  themselves,  in  convention, 
by  choosing  a  President,  and  such  other  officers  as  they  may 
judge  expedient,  and  establishing  proper  rules  of  proceedings ;  and 
it  shall  be  the  duty  of  the  said  convention,  to  apply  to  the  Con- 
gress of  the  United  States  for  its  assent  to  be  given,  before  the 
last  day  of  January  next,  that  the  said  District  should  be  admitted 
into  the  Union,  as  a  separate  and  independent  State.  And  it 
shall  also  be  the  duty  of  the  said  convention,  to  form  a  constitu- 
tion, or  frame  of  government,  for  said  new  State,  and  to  deter- 
mine the  style  and  title  of  the  same ;  and  such  constitution,  when 
adopted,  and  ratified  by  the  people  of  said  District,  in  the  man- 
ner hereinafter  mentioned,  shall,  from  and  after  the  fifteenth  day 
of  March,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  twenty  (the  consent  of  the  Congress  of  the  United  States, 
then  being  first  had,  as  aforesaid,)  be  the  constitution  of  said  new 
State.  And  the  said  convention  shall,  as  soon  as  may  be,  after 
having  formed  such  constitution,  or  frame  of  government,  for  such 
new  State,  cause  the  same  to  be  published,  and  sent  to  the  several 
towns,  districts,  and  plantations,  within  the  said  District  of  Maine ; 
and  there  shall  be  a  meeting  of  the  inhabitants,  in  each  of  said 
towns,  districts,  and  plantations,  to  be  called  and  warned  by  the 
selectmen,  and  assessors  respectively,  in  due  course  of  law,  and 
on  the  day  named  by  said  convention ;  at  which  meeting,  every 
male  inhabitant,  having  the  personal  qualifications,  herein  de- 
clared requisite  in  the  election  of  delegates  to  the  said  conven- 


212  Appendix  B 

tion,  shall  have  a  right  to  vote ;  and  the  people  so  assembled, 
shall  give  in  their  votes  in  writing,  expressing  their  approbation 
or  disapprobation  of  the  constitution  so  prepared,  and  proposed 
by  said  convention :  .  .  .  and  if  a  majority  of  the  votes  so  re- 
turned, shall  be  in  favor  of  the  constitution  proposed,  as  afore- 
said, the  said  constitution  shall  go  into  operation,  according  to 
its  own  provisions  ;  otherwise  the  constitution  of  Massachusetts, 
with  the  addition  of  the  terms  and  conditions  herein  provided, 
shall  be,  and  be  considered  as  the  constitution  of  the  said  pro- 
posed State,  in  manner  as  hereafter  provided.  And  to  the  end, 
that  no  period  of  anarchy  may  happen  to  the  people  of  said  proposed 
State,  in  case  a  new  constitution  shall  not  be  so  adopted  and  ratified 
by  the  people  of  said  District  of  Maine,  the  present  constitution 
of  the  Commonwealth  of  Massachusetts,  shall,  with  the  terms 
and  conditions  aforesaid,  and  with  the  exception  hereinafter 
made,  be  provisionally,  the  constitution  or  frame  of  government, 
for  said  District ;  except  only  such  parts  of  said  constitution  of 
Massachusetts,  as  relate  to  the  style  or  title  of  said  State,  or  may 
be  otherwise  inconsistent  with,  or  repugnant  to  the  situation  and 
condition  of  said  new  State ;  and  except,  that  the  people  of  said 
District  shall  choose  in  their  senatorial  districts,  as  now  estab- 
lished, three  times  the  number  of  Senators  now  allowed  them, 
and  that  the  Legislature  shall  choose  such  a  number  of  councilors, 
not  exceeding  nine,  as  they  shall  determine  to  be  proper.  And 
the  said  convention  shall  designate  the  place  for  the  first  meeting 
of  the  Legislature  of  said  new  State,  and  for  the  organization  of 
its  government,  and  shall  appoint  a  Secretary,  pro  tempore,  for 
said  new  State ;  and  the  said  convention  shall  regulate  the  pay  of 
its  members.  .  .  . 

Sec.  5.  Be  it  further  enacted,  That  until  a  Governor  of  the 
proposed  State  shall  be  chosen  and  qualified  according  to  the 
constitution  which  may  be  in  operation  in  said  State,  the  person 
last  chosen  President  of  the  said  convention,  shall,  from  and 
after  the  fifteenth  day  of  March  next,  have  all  the  power  of  the 
Governor  and  Council  under  the  constitution  of  Massachusetts, 
until  a  new  Governor  shall  be  chosen  and  qualified  in  the  said 
proposed  State ;  excepting  only,  that  the  said  President  shall  not 
have  the  power  to  remove  from  office  any  officer  who  may  be 
duly  qualified,  and  executing  the  duties  of  his  office  according  to 


Articles  of  Separation  213 

the  intent  and  meaning  of  this  act.  And  in  order  that  there 
may  be  no  failure  of  justice,  and  that  no  danger  may  arise  to  the 
people  of  the  said  District  of  Maine,  after  the  fifteenth  day  of 
March  next,  and  before  the  government  of  the  said  State  shall 
be  fully  organized ;  therefore, 

Sec.  6.  Be  it  further  enacted,  That  all  the  laws  which  shall 
be  in  force  within  the  said  District  of  Maine,  upon  the  said 
fifteenth  day  of  March  next,  shall  still  remain,  and  be  in  force, 
within  the  said  proposed  State,  until  altered  or  repealed  by  the  gov- 
ernment thereof,  such  parts  only  excepted  as  may  be  inconsistent 
with  the  situation  and  condition  of  said  new  State,  or  repugnant 
to  the  constitution  thereof.  And  all  officers,  who  shall,  on  the 
said  fifteenth  day  of  March  next,  hold  commissions,  or  exercise 
any  authority  within  the  said  District  of  Maine,  under  the  Com- 
monwealth of  Massachusetts,  or  by  virtue  of  the  laws  thereof, 
excepting  only,  the  Governor,  Lieutenant  Governor  and  Council, 
the  members  of  the  Legislature,  and  the  Justices  of  the  Supreme 
Judicial  Court  of  the  said  Commonwealth  of  Massachusetts,  shall 
continue  to  have,  hold,  use,  exercise  and  enjoy,  all  the  powers 
and  authority  to  them  respectively  granted  or  committed,  until 
other  persons  shall  be  appointed  in  their  stead,  or  until  their  re- 
spective offices  shall  be  annulled  by  the  government  of  said  pro- 
posed State.  And  all  courts  of  law,  whatsoever,  within  the  said 
proposed  State,  excepting  only  the  Supreme  Judicial  Court,  shall 
proceed  to  hear  and  determine  all  causes,  matters  and  things, 
which  are  or  may  be  commenced  or  depending  before  them, 
respectively,  upon  the  said  fifteenth  day  of  March  next,  or  at 
any  time  afterwards,  and  before  the  government  of  the  said  pro- 
posed State  shall  establish  new  courts  within  the  same  ;  and  shall 
continue  from  and  after  the  said  fifteenth  day  of  March  next, 
to  exercise  the  like  power  and  authority,  and  in  like  manner  as 
they  now  by  law  may  do,  until  such  new  courts  shall  be  so  estab- 
lished, in  their  stead. 

Sec.  7.  Be  it  further  enacted,  That  all  actions,  suits,  and 
causes,  civil  and  criminal,  and  all  matters  and  things  whatsoever, 
that  shall,  on  the  said  fifteenth  day  of  March  next,  be  in  any 
manner  depending  in  the  Supreme  Judicial  Court  of  the  said 
Commonwealth  of  Massachusetts,  then  last  holden  within  any 
county  in  the  said  District  of  Maine,  .  .  .  shall  be  respectively 


214  Appendix  B 

transferred,  and  returned  to,  have  day  in,  and  be  heard,  tried,  and 
determined  in  the  highest  court  of  law  that  shall  be  established 
in  the  said  new  State,  by  the  government  thereof;  .  .  .  Pro- 
vided, however,  That  nothing  contained  in  this  section  shall  be 
understood  or  construed  to  control,  in  any  degree,  the  right  of 
the  people  of  the  said  new  State,  or  the  government  thereof,  to 
establish  judicial  courts,  in  such  manner,  and  with  such  authority 
as  they  shall  see  fit ;  nor  to  prevent  the  said  people  or  their  gov- 
ernment from  making  any  other  provisions,  pursuant  to  their 
constitution,  and  not  repugnant  to  the  terms  and  conditions  above 
set  forth,  respecting  all  the  said  actions,  suits,  processes,  matters 
and  things,  herein  above  mentioned,  as  they  shall  think  most 
proper,  to  prevent  the  discontinuance  thereof,  and  to  avoid  any 
delay  or  failure  of  justice. 
— Journal  of  the  Constitutional  Convention,  1819-1820,  pp.  3-14. 


91.   ACT  OF  CESSION 
FEBRUARY  25,  1820 

An  Act  in  addition  to  an  act  entitled  "  An  act  relating  to  the 
separation  of  the  District  of  Maine  from  Massachusetts  proper, 
and  forming  the  same  into  a  separate  and  independent  State." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Massachusetts  in  General  Court  assembled,  and  by  the  authority 
of  the  same,  That  the  consent  of  the  legislature  of  this  common- 
wealth be,  and  the  same  is  hereby,  given,  that  the  District  of 
Maine  may  be  formed  and  erected  into  a  separate  and  independent 
State,  upon  the  terms  and  conditions,  and  in  conformity  to  the 
enactments  contained  in  an  act  entitled  "  An  act  relating  to  the 
separation  of  the  District  of  Maine  from  Massachusetts  proper,  and 
forming  the  same  into  a  separate  and  independent  State,"  when- 
ever the  Congress  of  the  United  States  shall  give  its  consent 
thereto,  anything  in  the  said  act  limiting  the  time  when  such 
consent  should  be  given  to  the  contrary  notwithstanding :  Pro- 
vided, however,  That  if  the  Congress  of  the  United  States  shall 
not  have  given  its  consent,  as  aforesaid,  before  the  fifteenth  day 
of  March  next,  then  all  parts  of  the  act,  to  which  this  is  an  addi- 
tion, and  all  matters  therein  contained,  which  by  said  act  have 


Act  of  Cession  215 

date  or  operation  from  or  relation  to  the  fifteenth  day  of  March 
next,  shall  have  date  and  operation  from  and  relation  to  the  day 
on  which  the  Congress  of  the  United  States  shall  give  its  consent, 
as  aforesaid :  Provided,  also,  That  if  the  Congress  of  the  United 
States  shall  not  give  its  consent,  as  aforesaid,  within  two  years 
from  the  fourth  day  of  March  next,  this  present  act  shall  be  void 
and  of  no  effect. 

Sec.  2.  Be  it  further  enacted,  That  if  it  shall  not  be  known  on 
the  first  Monday  of  April  next  that  the  Congress  of  the  United 
States  has  given  its  consent,  as  aforesaid,  the  people  of  the  said 
District  of  Maine  shall  elect,  provisionally,  a  governor,  senators 
and  representatives,  or  other  officers  necessary  to  the  organization 
of  the  government  thereof  as  a  separate  and  independent  State, 
according  to  the  provisions  of  the  constitution  of  government 
agreed  to  by  the  people  of  the  said  District.  And  the  persons  so 
elected  shall  assemble  at  the  time  and  place  designated  by  the 
said  constitution,  if  the  consent  of  Congress,  as  aforesaid,  shall  be 
given  during  the  present  session  thereof,  but  not  otherwise ;  and 
when  assembled,  as  aforesaid,  and  having  first  determined  on  the 
returns  and  qualifications  of  the  persons  elected,  they  shall  have 
the  power  as  delegates  of  the  people  for  that  purpose,  to  declare, 
on  behalf  and  in  the  name  of  the  people,  the  said  elections  of  such 
persons  to  be  constitutional  and  valid,  for  the  respective  offices 
and  stations  for  which  they  shall  have  been  elected,  as  aforesaid. 
And  if  such  declaration  shall  not  be  made  before  the  persons  so 
elected  shall  proceed  to  transact  business  as  the  legislature  of  said 
State,  the  said  election  shall  be  wholly  void,  unless  it  shall  appear 
that  the  consent  of  Congress,  aforesaid,  shall  have  been  given  on 
or  before  the  said  first  Monday  of  April  next.  And  if  the  consent 
of  Congress,  as  aforesaid,  shall  be  given  after  the  said  first  Mon- 
day of  April  next,  and  the  persons  so  elected,  when  assembled,  as 
aforesaid,  shall  not  declare  the  said  election  valid  and  constitu- 
tional, as  aforesaid,  within  ten  days  from  the  last  Wednesday  of 
May  next,  then  they  shall  cease  to  have  any  power  to  act  in  any 
capacity  for  the  people  of  the  said  District,  by  virtue  of  their 
elections,  as  aforesaid ;  and  the  people  shall  again  choose  dele- 
gates to  meet  in  convention,  in  the  manner,  for  the  purposes,  and 
with  the  powers  set  forth  in  the  third  and  fourth  sections  of  the 
act  to  which  this  is  in  addition ;  the  said  elections  of  such  dele- 


216  Appendix  B 

gates  to  be  made  on  the  first  Monday  of  July  next,  and  the  dele- 
gates to  meet  in  convention  at  Portland  on  the  first  Monday  of 
September  next. 

—  POORE,  Charters  and  Constitutions,  I.,  809-810. 

92.    ACT  ADMITTING  MAINE  INTO  THE  UNION 
MARCH  3,  1820 

Whereas  by  an  act  of  the  State  of  Massachusetts,  passed  on  the 
nineteenth  day  of  June,  in  the  year  one  thousand  eight  hundred 
and  nineteen,  entitled  "  An  act  relating  to  the  separation  of  the 
District  of  Maine  from  Massachusetts  proper,  and  forming  the 
same  into  a  separate  and  independent  State,"  the  people  of  that 
part  of  Massachusetts  heretofore  known  as  the  District  of  Maine 
did,  with  the  consent  of  the  legislature  of  the  said  State  of  Massa- 
chusetts, form  themselves  into  an  independent  State,  and  did 
establish  a  constitution  for  the  government  of  the  same,  agreeably 
to  the  provisions  of  the  said  act :  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled.  That  from  and 
after  the  fifteenth  day  of  March,  one  thousand  eight  hundred  and 
twenty,  the  State  of  Maine  is  hereby  declared  to  be  one  of  the 
United  States  of  America,  and  admitted  into  the  Union  on  an 
equal  footing  with  the  original  States,  in  all  respects  whatever. 
—  U.  S.  Statutes  at  Large,  III.,  544. 

93.    CONSTITUTION  OF  MAINE1 

(Draft  approved  February  23,  1876) 
PREAMBLE 

Objects  of  WE,  the  people  of  Maine,  in  order  to  establish  justice,  insure 

government,  tranquility,  provide  for  our  mutual  defense,  promote  our  common 
welfare,  and  secure  to  ourselves  and  our  posterity  the  blessings 
of  liberty,  acknowledging  with  grateful  hearts  the  goodness  of  the 
Sovereign  Ruler  of  the  Universe  in  affording  us  an  opportunity, 
so  favorable  to  the  design ;  and,  imploring  His  aid  and  direction 
in  its  accomplishment,  do  agree  to  form  ourselves  into  a  free  and 

1  Obsolete  provisions,  together  with  those  superseded  by  amendments,  are 
printed  in  italics. 


Constitution  of  Maine  217 

independent  State,  by  the  style  and  title  of  the  STATE  OF  MAINE, 
and  do  ordain  and  establish  the  following  Constitution  for  the 
government  of  the  same. 

ARTICLE   I 
DECLARATION   OF   RIGHTS 

Section  i.     All  men  are  born  equally  free  and  independent,  and   Natural 
have  certain  natural,  inherent   and   unalienable   rights,   among   riShts' 
which  are  those  of  enjoying  and  defending  life  and  liberty,  acquir- 
ing, possessing  and  protecting  property,  and  of  pursuing  and 
obtaining  safety  and  happiness. 

Sec.  2.    All  power  is  inherent  in  the  people ;  all  free  govern-   Power  inhe- 
ments  are  founded  in  their  authority  and  instituted  for  their   rent  in  Peo' 
benefit;    they  have   therefore  an   unalienable  and   indefeasable   ple' 
right  to  institute  government,  and  to  alter,   reform,  or  totally 
change  the  same,  when  their  safety  and  happiness  require  it. 

Sec.  3.  All  men  have  a  natural  and  unalienable  right  to  wor-  Religious 
ship  Almighty  God  according  to  the  dictates  of  their  own  con-  freedom, 
sciences,  and  no  one  shall  be  hurt,  molested  or  restrained  in  his 
person,  liberty  or  estate  for  worshipping  God  in  the  manner  and 
season  most  agreeable  to  the  dictates  of  his  own  conscience,  nor 
for  his  religious  professions  or  sentiments,  provided  he  does  not 
disturb  the  public  peace,  nor  obstruct  others  in  their  religious 
worship ;  —  and  all  persons  demeaning  themselves  peaceably,  as 
good  members  of  the  State,  shall  be  equally  under  the  protection 
of  the  laws,  and  no  subordination  nor  preference  of  any  one  sect 
or  denomination  to  another  shall  ever  be  established  by  law,  nor 
shall  any  religious  test  be  required  as  a  qualification  for  any 
office  or  trust,  under  this  State ;  and  all  religious  societies  in  this 
State,  whether  incorporate  or  unincorporate,  shall  at  all  times 
have  the  exclusive  right  of  electing  their  public  teachers,  and 
contracting  with  them  for  their  support  and  maintenance. 

Sec.  4.     Every  citizen  may  freely  speak,  write  and  publish  his    Freedom  of 
sentiments  on  any  subject,  being  responsible  for  the  abuse  of  sPeech  and 
this  liberty;  no  laws  shall  be  passed  regulating  or  restraining   pu 
the  freedom  of  the  press ;  and  in  prosecutions  for  any  publica- 
tion respecting  the  official  conduct  of  men  in  public  capacity,  or  the 
qualifications  of  those  who  are  candidates  for  the  suffrages  of  the 


218 


Appendix  B 


Unreasona- 
ble searches. 


Rights  of  ac- 
cused per- 
sons. 


No  person 
to  answer  for 
a  capital  or 
infamous 
crime  but  on 
indictment. 


Not  to  be  put 
in  jeopardy 
twice  for 
same  offense. 
Sanguinary 
laws  prohib- 
ited. 


people,  or  where  the  matter  published  is  proper  for  public  informa- 
tion, the  truth  thereof  may  be  given  in  evidence,  and  in  all  indict- 
ments for  libels,  the  Jury,  after  having  received  the  direction  of 
the  Court,  shall  have  a  right  to  determine,  at  their  discretion,  the 
law  and  the  fact. 

Sec.  5.  The  people  shall  be  secure  in  their  persons,  houses, 
papers  and  possessions  from  all  unreasonable  searches  and  seiz- 
ures ;  and  no  warrant  to  search  any  place,  or  seize  any  person  or 
thing,  shall  issue  without  a  special  designation  of  the  place  to  be 
searched,  and  the  person  or  thing  to  be  seized,  nor  without 
probable  cause  —  supported  by  oath  or  affirmation. 

Sec.  6.  In  criminal  prosecutions,  the  accused  shall  have  a 
right  to  be  heard  by  himself  and  his  counsel,  or  either,  at  his 
election ; 

To  demand  the  nature  and  cause  of  the  accusation,  and  have  a 
copy  thereof; 

To  be  confronted  by  the  witnesses  against  him ; 

To  have  compulsory  process  for  obtaining  witnesses  in  his  favor ; 

To  have  a  speedy,  public  and  impartial  trial,  and,  except  in 
trials  by  martial  law  or  impeachment,  by  a  jury  of  the  vicinity. 
He  shall  not  be  compelled  to  furnish  or  give  evidence  against 
himself,  nor  be  deprived  of  his  life,  liberty,  property  or  privileges, 
but  by  judgment  of  his  peers,  or  by  the  law  of  the  land. 

Sec.  7.  No  person  shall  be  held  to  answer  for  a  capital  or 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand 
jury,  except  in  cases  of  impeachment,  or  in  such  cases  of  offenses 
as  are  usually  cognizable  by  a  justice  of  the  peace,  or  in  cases  aris- 
ing in  the  army  or  navy,  or  in  the  militia  when  in  actual  service 
in  time  of  war  or  public  danger.  The  Legislature  shall  provide 
by  law  a  suitable  and  impartial  mode  of  selecting  juries  and  their 
usual  number  and  unanimity,  in  indictments  and  convictions, 
shall  be  held  indispensable. 

Sec.  8.  No  person,  for  the  same  offense,  shall  be  twice  put  in 
jeopardy  of  life  or  limb. 

Sec.  9.  Sanguinary  laws  shall  not  be  passed ;  all  penalties 
and  punishments  shall  be  proportioned  to  the  offense ;  excessive 
bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
nor  unusual  punishments  inflicted. 

Sec.  10.     No  person  before  conviction  shall  be  bailable  for  any 


Constitution  of  Maine  219 

of  the  crimes,  which  now  are,  or  have  been  denominated  capital   Bailable 

offenses  since  the  adoption  of  the  Constitution,  where  the  proof    offenses. 

(Resolve  of 
is  evident  or  the  presumption  great,  whatever  the  punishment    March  30, 

of  the  crimes  may  be.     And  the  privilege  of  the  writ  of  habeas    1837 : 
corpus  shall  not  be  suspended,  unless  when  in  cases  of  rebellion   Amendment 
or  invasion  the  public  safety  may  require  it. 

Sec.  n.     The  Legislature  shall  pass  no  bill  of  attainder,  ex  post 
facto  law,  nor  law  impairing  the  obligation  of  contracts,  and  no   derS°tca 
attainder  shall  work  corruption  of  blood  nor  forfeiture  of  estate. 

Sec.  12.     Treason  against  this  State  shall  consist  only  in  levy-   Treason, 
ing  war  against  it,  adhering  to  its  enemies,  giving  them  aid  and 
comfort.     No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  confession 
in  open  court. 

Sec.  13.     The  laws  shall  not  be  suspended  but  by  the  Legisla-   Suspension 
ture  or  its  authority.  °f laws- 

Sec.  14.     No  person  shall  be  subject  to  corporal  punishment    Corporal 
under  military  law,  except  such  as  are  employed  in  the  army  or  punishment 
navy,  or  in  the  militia  when  in  actual  service  in  time  of  war  or   "n  er  mi  J" 
public  danger. 

Sec.  15.     The  people  have  a  right  at  all  times  in  an  orderly   Right  of 
and  peaceable  manner  to  assemble  to  consult  upon  the  common   petition, 
good,  to  give  instructions  to  their  representatives,  and  to  request, 
of  either  department  of  the  government  by  petition  or  remon- 
strance, redress  of  their  wrongs  and  grievances. 

Sec.  1 6.     Every  citizen  has  a  right  to  keep  and  bear  arms  for  To  keep  and 
the  common  defense  ;  and  this  right  shall  never  be  questioned.       bear  arms- 

Sec.  17.     No  standing  army  shall  be  kept  up  in  time  of  peace   Standing 
without  the  consent  of  the  Legislature,  and  the  military  shall,   armies  shall 
in  all  cases,  and  at  all  times,  be  in  strict  subordination  to  the   " 
civil  power. 

Sec.  1 8.     No  soldier  shall,  in  time  of  peace,  be  quartered  in  any   No  soldier  to 
house  without  the  consent  of  the  owner  or  occupant,  nor  in  time  be  quartered 

.....  on  citizens  in 

of  war,  but  in  a  manner  to  be  prescribed  by  law.  time  of  peace. 

Sec.  19.     Every  person,  for  an  injury  done  him  in  his  person,    Right  of 
reputation,  property  or  immunities,  shall  have  remedy  by  due   redress  for 
course  of  law  ;  and  right  and  justice  shall  be  administered  freely    injuries, 
and  without  sale,  completely  and  without  denial,  promptly  and 
without  delay. 


220 


Appendix  B 


Trial  by  jury. 


Private  prop- 
erty, when  to 
be  taken. 

Taxes. 

Titles  of  no- 
bility pro- 
hibited. 
—  tenure  of 
offices. 
Other  rights 
not  impaired. 


Sec.  20.  In  all  civil  suits,  and  in  all  controversies  concerning 
property,  the  parties  shall  have  a  right  to  a  trial  by  jury,  except 
in  cases  where  it  has  heretofore  been  otherwise  practiced ;  the 
party  claiming  the  right  may  be  heard  by  himself  and  his  coun- 
sel, or  either,  at  his  election. 

Sec.  21.  Private  property  shall  not  be  taken  for  public  uses 
without  just  compensation;  nor  unless  the  public  exigencies 
require  it. 

Sec.  22.  No  tax  or  duty  shall  be  imposed  without  the  consent 
of  the  people  or  of  their  representatives  in  the  Legislature. 

Sec.  23.  No  title  of  nobility  or  hereditary  distinction,  privi- 
lege, honor  or  emolument,  shall  ever  be  granted  or  confirmed, 
nor  shall  any  office  be  created,  the  appointment  to  which  shall  be 
for  a  longer  time  than  during  good  behavior. 

Sec.  24.  The  enumeration  of  certain  rights  shall  not  impair 
nor  deny  others  retained  by  the  people. 


Qualifica- 
tions of 
electors. 
(See  Amend- 
ment xxix.) 

— written 
ballot. 

—  soldiers  or 
seamen  in  U. 
S.  service. 

—  students  at 
colleges  and 
academies. 
(Resolve  of 
March  24, 
1864: 

Amendment 
x.) 

Electors  ex- 
empt from 
arrest  on 
election  days. 


ARTICLE   II 
ELECTORS 

Section  i.  Every  male  citizen  of  the  United  States  of  the  age 
of  twenty-one  years  and  upwards,  excepting  paupers,  persons 
under  guardianship,  and  Indians  not  taxed,  having  his  residence 
established  in  this  State  for  the  term  of  three  months  next  pre- 
ceding any  election,  shall  be  an  elector  for  Governor,  Senators 
and  Representatives,  in  the  town  or  plantation  where  his  resi- 
dence is  so  established;  and  the  elections  shall  be  by  written 
ballot.  But  persons  in  the  military,  naval  or  marine  service  of 
the  United  States,  or  this  State,  shall  not  be  considered  as  having 
obtained  such  established  residence  by  being  stationed  in  any 
garrison,  barrack,  or  military  place,  in  any  town  or  plantation ; 
nor  shall  the  residence  of  a  student  at  any  seminary  of  learning 
entitle  him  to  the  right  of  suffrage  in  the  town  or  plantation  where 
such  seminary  is  established.  No  person,  however,  shall  be 
deemed  to  have  lost  his  residence  by  reason  of  his  absence  from 
the  State  in  the  military  service  of  the  United  States,  or  of  this 
State. 

Sec.  2.  Electors  shall,  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  on  the  days  of  elec- 


Constitution  of  Maine 


221 


tion,  during  their  attendance  at,  going  to,  and  returning  there- 
from. 

Sec.  3.  No  elector  shall  be  obliged  to  do  duty  in  the  militia  on 
any  day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  4.  The  election  of  Governor,  Senators  and  Representa- 
tives shall  be  on  the  second  Monday  of  September  annually 
forever.  But  citizens  of  the  State  absent  therefrom  in  the  mili- 
tary service  of  the  United  States  or  of  this  State,  and  not  in  the 
regular  army  of  the  United  States,  being  otherwise  qualified 
electors,  shall  be  allowed  to  vote  on  Tuesday  next  after  the  first 
Monday  of  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-four,  for  governor  and  senators,  and 
their  votes  shall  be  counted  and  allowed  in  the  same  manner,  and 
with  the  same  effect,  as  if  given  on  the  second  Monday  of  Septem- 
ber in  that  year.  And  they  shall  be  allowed  to  vote  for  governor, 
senators  and  representatives  on  the  second  Monday  of  September 
annually  thereafter  forever,  in  the  manner  herein  provided 
[The  rest  of  the  section  provides  for  the  voting  of  persons  in 
military  service.] 


When  ex- 
empt from 
military  duty. 
Time  of  state 
election. 
(See  Amend- 
ment xxiii.) 
—  soldiers 
allowed  to 
vote  for  gov- 
ernor, etc. 


(Resolve  of 
March  24, 
1864: 

Amendment 
x.) 


ARTICLE   III 
DISTRIBUTION  OF  POWERS 

Section  i .     The  powers  of  this  government  shall  be  divided   Powers  dis- 
into  three  distinct  departments,  the  Legislative,  Executive  and   tributed. 
Judicial. 

Sec.  2.  No  person  or  persons,  belonging  to  one  of  these  depart- 
ments, shall  exercise  any  of  the  powers  properly  belonging  to 
either  of  the  others,  except  in  the  cases  herein  expressly  directed 
or  permitted. 


To  be  kept 
separate. 
(See  Art. 
IX,  §  2.) 


ARTICLE  IV.  — PART  FIRST 
LEGISLATIVE  POWER  —  HOUSE  OF  REPRESENTATIVES 

Section  i.    The  legislative  power  shall  be  vested  in  two  distinct  Legislative 

branches,  a  House  of  Representatives,  and  a  Senate,  each  to  have  department. 

a  negative  on  the  other,  and  both  to  be  styled  the  Legislature  of  — style  of 
Maine  and  the  style  of  their  acts  and  laws,  shall  be,  "  BE  IT  EN- 


acts. 


222 


Appendix  B 


Number  of 
representa- 
tives fixed. 
(See  Amend- 
ments xxiii, 
xxv.) 


(Resolve  of 
April  16, 
1841 : 

Amendment 
iv.) 


Apportion- 
ment among 
towns. 


(Resolve  of 
April  16, 
1841: 

Amendment 
iv.) 


ACTED   BY    THE   SENATE  AND   HOUSE  OF  REPRESENTATIVES  IN 

LEGISLATURE  ASSEMBLED." 

Sec.  2.  The  House  of  Representatives  shall  consist  of  one 
hundred  and  fifty-one  members,  to  be  elected  by  the  qualified 
electors,  for  one  year  from  the  day  next  preceding  the  annual 
meeting  of  the  Legislature.  The  Legislature,  which  shall  first 
be  convened  under  this  Constitution,  shall,  on  or 'before  the  fifteenth 
day  of  August,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
dred and  twenty-one,  and  the  Legislature,  within  every  subsequent 
period  of  at  most  ten  years,  and  at  least  five,  cause  the  number 
of  the  inhabitants  of  the  State  to  be  ascertained,  exclusive  of 
foreigners  not  naturalized  and  Indians  not  taxed.  The  number 
of  representatives  shall,  at  the  several  periods  of  making  such 
enumeration,  be  fixed  and  apportioned  among  the  several  coun- 
ties as  near  as  may  be,  according  to  the  number  of  inhabitants, 
having  regard  to  the  relative  increase  of  population.  The  num- 
ber of  representatives  shall,  on  said  first  apportionment,  be  not 
less  than  one  hundred  nor  more  than  one  hundred  and  fifty. 

Sec.  3.  Each  town  having  fifteen  hundred  inhabitants  may 
elect  one  representative ;  each  town  having  three  thousand  seven 
hundred  and  fifty  may  elect  two ;  each  town  having  six  thousand 
seven  hundred  and  fifty  may  elect  three ;  each  town  having  ten 
thousand  five  hundred  may  elect  four ;  each  town  having  fifteen 
thousand  may  elect  five ;  each  town  having  twenty  thousand  two 
hundred  and  fifty  may  elect  six ;  each  town  having  twenty-six 
thousand  two  hundred  and  fifty  may  elect  seven  ;  but  no  town  shall 
ever  be  entitled  to  more  than  seven  representatives ;  and  towns 
and  plantations  duly  organized,  not  having  fifteen  hundred  inhabit- 
ants, shall  be  classed,  as  conveniently  as  may  be,  into  districts 
containing  that  number,  and  so  as  not  to  divide  towns  ;  and  each 
such  district  may  elect  one  representative;  and,  when  on  this 
apportionment  the  number  of  representatives  shall  be  two  hun- 
dred, a  different  apportionment  shall  take  place  upon  the  above 
principle;  and,  in  case  the  fifteen  hundred  shall  be  too  large  or 
too  small  to  apportion  all  the  representatives  to  any  county,  it 
shall  be  so  increased  or  diminished  as  to  give  the  number  of  rep- 
resentatives according  to  the  above  rule  and  proportion ;  and 
whenever  any  town  or  towns,  plantation  or  plantations  not  en- 
titled to  elect  a  representative  shall  determine  against  a  classifi- 


Constitution  of  Maine 


223 


cation  with  any  other  town  or  plantation,  the  Legislature  may,  at 
each  apportionment  of  representatives,  on  the  application  of  such 
town  or  plantation,  authorize  it  to  elect  a  representative  for  such 
portion  of  time  and  such  periods,  as  shall  be  equal  to  its  portion 
of  representation  ;  and  the  right  of  representation,  so  established, 
shall  not  be  altered  until  the  next  general  apportionment. 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives, unless  he  shall,  at  the  commencement  of  the  period  for 
which  he  is  elected,  have  been  five  years  a  citizen  of  the  United 
States,  have  arrived  at  the  age  of  twenty-one  years,  have  been  a 
resident  in  this  State  one  year,  or  from  the  adoption  of  this  consti- 
tution ;  and  for  the  three  months  next  preceding  the  time  of  his 
election  shall  have  been,  and,  during  the  period  for  which  he  is 
elected,  shall  continue  to  be  a  resident  in  the  town  or  district 
which  he  represents. 

Sec.  5.  The  meetings  within  this  State  for  the  choice  of  rep- 
resentatives shall  be  warned  in  due  course  of  law  by  the  selectmen 
of  the  several  towns  seven  days  at  least  before  the  election,  and 
the  selectmen  thereof  shall  preside  impartially  at  such  meetings, 
receive  the  votes  of  all  the  qualified  electors  present,  sort,  count 
and  declare  them  in  open  town  meeting,  and  in  the  presence  of  the 
town  clerk,  who  shall  form  a  list  of  the  persons  voted  for,  with  the 
number  of  votes  for  each  person  against  his  name,  shall  make  a 
fair  record  thereof  in  the  presence  of  the  selectmen  and  in  open 
town  meeting.  And  the  towns  and  plantations  organized  by  law, 
belonging  to  any  class  herein  provided,  shall  hold  their  meetings 
at  the  same  time  in  the  respective  towns  and  plantations  ;  and  the 
town  and  plantation  meetings  in  such  towns  and  plantations  shall 
be  notified,  held  and  regulated,  the  votes  received,  sorted,  counted 
and  declared  in  the  same  manner.  And  the  assessors  and  clerks 
of  plantations  shall  have  all  the  powers,  and  be  subject  to  all  the 
duties,  which  selectmen  and  town  clerks  have,  and  are  subject  to 
by  this  Constitution.  And  fair  copies  of  the  lists  of  votes  shall  be 
attested  by  the  selectmen  and  town  clerks  of  towns,  and  the  as- 
sessors of  plantations,  and  sealed  up  in  open  town  and  plantation 
meetings ;  and  the  town  and  plantation  clerks  respectively  shall 
cause  the  same  to  be  delivered  into  the  secretary's  office  thirty 
days  at  least  before  the  first  Wednesday  of  January  annually. 
And  the  governor  and  council  shall  examine  the  returned  copies 


Qualifica- 
tions of  a  rep- 
resentative. 
(Resolve  of 
March  24, 
1864: 

Amendment 
x.) 


Meetings  for 
choice  of 
representa- 
tives. 

(Resolve  of 
March  24, 
1864: 

Amendment 
x.) 


—  meetings 
of  classed 
towns. 
Resolve  of 
March  24, 
1864: 

Amendment 
x.) 


(Resolve  of 
March  24, 
1864: 

Amendment 
x.) 

(See  Amend- 
ments xxiii, 
xxv.) 


224 


Appendix  B 


—  lists  of 
votes  shall  be 
examined  by 
governor  and 
council. 

—  governor 
and  council 
shall  sum- 
mon persons 
who  appear 
to  be  elected. 
(Resolve  of 
Aug.  2,  1847: 
Amendment 
vii.) 

—  lists  shall 
be  laid  before 
the  house  of 
representa- 
tives. 

—  manner  of 
electing  rep- 
resentatives 
and  other 
civil  officers 
in  cities. 

(Resolve  of 
March  7, 
1834: 

Amendment 
i,  amended 
by  Resolve  of 
March  24, 
1864: 

Amendment 
x.) 


Vacancies. 


House  to 
choose  its 
own  officers. 
Power  of  im- 
peachment. 


of  such  lists,  and  also  all  lists  of  votes  of  citizens  in  the  military 
service,  returned  to  the  secretary's  office,  as  provided  in  article 
second,  section  four,  of  this  constitution  ;  and  twenty  days  before 
the  said  first  Wednesday  of  January,  annually,  shall  issue  a  sum- 
mons to  such  persons  as  shall  appear  to  be  elected  by  a  plurality 
of  all  the  votes  returned,  to  attend  and  take  their  seats.  But  all 
such  lists  shall  be  laid  before  the  house  of  representatives  on  the 
first  Wednesday  of  January  annually,  and  they  shall  finally  deter- 
mine who  are  elected.  The  electors  resident  in  any  city  may,  at 
any  meeting  duly  notified  for  the  choice  of  representatives,  vote 
for  such  representatives  in  their  respective  ward  meetings,  and  the 
wardens  in  said  wards  shall  preside  impartially  at  such  meetings, 
receive  the  votes  of  all  qualified  electors  present,  sort,  count  and 
declare  them  in  open  ward  meetings,  and  in  the  presence  of  the 
ward  clerk,  who  shall  form  a  list  of  the  persons  voted  for,  with  the 
number  of  votes  for  each  person  against  his  name,  shall  make  a 
fair  record  thereof  in  the  presence  of  the  warden,  and  in  open  ward 
meetings  ;  and  a  fair  copy  of  this  list  shall  be  attested  by  the  warden 
and  ward  clerk,  sealed  up  in  open  ward  meeting,  and  delivered  to 
the  city  clerk  within  twenty-four  hours  after  the  close  of  the  polls. 
And  the  electors  resident  in  any  city  may  at  any  meetings  duly 
notified  and  holden  for  the  choice  of  any  other  civil  officers  for 
whom  they  have  been  required  heretofore  to  vote  in  town  meeting, 
vote  for  such  officers  in  their  respective  wards,  and  the  same  pro- 
ceedings shall  be  had  by  the  warden  and  ward  clerk  in  each  ward, 
as  in  the  case  of  votes  for  representatives.  And  the  aldermen  of 
any  city  shall  be  in  session  within  twenty-four  hours  after  the  close 
of  the  polls  in  such  meetings,  and  in  the  presence  of  the  city  clerk 
shall  open,  examine  and  compare  the  copies  from  the  lists  of  votes 
given  in  the  several  wards,  of  which  the  city  clerk  shall  make  a 
record,  and  return  thereof  shall  be  made  into  the  Secretary  of 
State's  office  in  the  same  manner  as  selectmen  of  towns  are  re- 
quired to  do. 

Sec.  6.  Whenever  the  seat  of  a  member  shall  be  vacated  by 
death,  resignation,  or  otherwise,  the  vacancy  may  be  filled  by  a 
new  election. 

Sec.  7.  The  House  of  Representatives  shall  choose  their 
speaker,  clerk  and  other  officers. 

Sec.  8.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment. 


Constitution  of  Maine  225 


ARTICLE   IV.  —  PART  SECOND 
SENATE 

Section  i  .     The  Senate  shall  consist  of  not  less  than  twenty,  Number  of 

more  than  thirty-one  members,  elected  at  the  same  time,  and  for  senators 

the  same  term,  as  the  representatives,  by  the  qualified  electors  of  /gee  Amend- 

the  districts  into  which  the  State  shall  from  time  to  time  be  ments  xxiii, 

divided.  xxv.) 

Sec.  2.     The  Legislature,  which  shall  be  first  convened  under  State  to  be 

this  Constitution,  shall,  on  or  before  the  fifteenth  day  of  August  ^6  hffen 

in  the  year  of  our  Lord,  one  thousand  eight  hundred  and  twenty-  years 
one,  and  the  Legislature  at  every  subsequent  period  of  ten  years, 
cause  the  State  to  be  divided  into  districts   for  the  choice  of 

senators.     The  districts  shall  conform,  as  near  as  may   be,  to  —districts, 

county  lines,  and  be  apportioned  according  to  the  number  of  in-  how  formed. 
habitants.     The  number  of  senators  shall  not  exceed  twenty  at  the 
first  apportionment,  and  shall  at  each  apportionment  be  increased, 
until  they  shall  amount  to  thirty-one,  according  to  the  increase  in 
the  House  of  Representatives. 

Sec.  3.     The  meetings  within  this  State  for  the  election  of  Meetings  for 

senators  shall  be  notified,  held  and  regulated,  and  the  votes  re-  choice  of 

ceived,  sorted,  counted,  declared  and  recorded,  in  the  same  manner  s 


as  those  for  representatives.     And  fair  copies  of  the  list  of  votes       arch 

shall  be  attested  by  the  selectmen  and  town  clerks  of  towns,  and  ^64  : 

the  assessors  and  clerks  of  plantations,  and  sealed  up  in  open  town  Amendment 

and  plantation  meetings  ;  and  the  town  and  plantation  clerks  re-  x>) 
spectively  shall  cause  the  same  to  be  delivered  into  the  secretary's 

office  thirty  days  at  least  before  the  first  Wednesday  of  January.  ~~  electors  in 

J     ...    .  .11  unmcorpora- 

All  other  qualified  electors,  living  in  places  unincorporated,  who  ted  piaces< 

shall  be  assessed  to  the  support  of  the  government  by  the  asses-  votes  to  be 

sors  of  an  adjacent  town,  shall  have  the  privilege  of  voting  for  examined  by 

senators,  representatives  and  governor  in  such  town  ;  and  shall  be  the  g°vernor 

notified  by  the  selectmen  thereof  for  that  purpose  accordingly.  (Amendment 

Sec.  4.     The  Governor  and  Council  shall,  as  soon  as  may  be,  x,  amended 

examine  the  returned  copies  of  such  lists,  and  also  the  lists  of  by  Resolve 

votes  of  citizens  in  the  military  service,  returned  into  the  secre-  °g    e  '  24> 

tary's  office,  and  twenty  days  before  the  said  first  Wednesday  of  Amendment 

January,  issue  a  summons  to  such  persons,  as  shall  appear  to  be  xiii.) 


226 


Appendix  B 


Senate  to  de- 
cide election 
of  its  mem- 
bers.    (See 
Amendments 
xxiii,  xxv.) 

(Resolve  of 
Feb.  24, 1875  : 
Amendment 
xiii.) 

(See  Amend- 
ment xxx.) 


Qualifica- 
tions of 
senators. 


Senate  shall 
try  impeach- 
ment. 

—  limitation 
of  judgment. 

—  party  is 
liable  to  be 
tried  and 
punished  in 
court. 
Senate  to 
choose  its 
officers. 


elected  by  a  plurality  of  the  votes  for  each  district,  to  attend  that 
day  and  take  their  seats. 

Sec.  5.  The  Senate  shall,  on  the  said  first  Wednesday  of 
January,  annually,  determine  who  are  elected  by  a  plurality  of 
votes  to  be  senators  in  each  district ;  and  in  case  the  full  number 
of  senators  to  be  elected  from  each  district  shall  not  have  been  so 
elected,  the  members  of  the  house  of  representatives  and  such 
senators,  as  shall  have  been  elected,  shall,  from  the  highest  num- 
bers of  the  persons  voted  for,  on  said  lists,  equal  to  twice  the 
number  of  senators  deficient,  in  every  district,  if  there  be  so  many 
voted  for,  elect  by  joint  ballot  the  number  of  senators  required  ; 
and  in  this  manner  all  vacancies  in  the  senate  shall  be  supplied  as 
soon  as  may  be,  after  such  vacancies  happen. 

Sec.  6.  The  senators  shall  be  twenty-five  years  of  age  at  the 
commencement  of  the  term,  for  which  they  are  elected,  and  in  all 
other  respects  their  qualifications  shall  be  the  same,  as  those  of 
the  representatives. 

SEC.  7.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments, and  when  sitting  for  that  purpose  shall  be  on  oath  or 
affirmation,  and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present.  Their  judgment, 
however,  shall  not  extend  farther  than  to  removal  from  office,  and 
disqualification  to  hold  or  enjoy  any  office  of  honor,  trust  or  profit 
under  this  State.  But  the  party,  whether  convicted  or  acquitted, 
shall  nevertheless  be  liable  to  indictment,  trial,  judgment  and 
punishment  according  to  law. 

Sec.  8.  The  Senate  shall  choose  their  president,  secretary  and 
other  officers. 


Legislature 
to  meet 
annually. 
—  its  powers. 
(See  Amend- 
ments xxiii, 
xxv.) 

Bills  to  be 
signed  by  the 
governor. 


ARTICLE  IV.  — PART  THIRD 
LEGISLATIVE  POWER 

Section  I.  The  Legislature  shall  convene  on  the  first  Wednes- 
day of  January,  annually,  and  shall  have  full  power  to  make  and 
establish  all  reasonable  laws  and  regulations  for  the  defense  and 
benefit  of  the  people  of  this  State,  not  repugnant  to  this  Consti- 
tution, nor  to  that  of  the  United  States. 

Sec.  2.  Every  bill  or  resolution  having  the  force  of  law,  to 
which  the  concurrence  of  both  houses  may  be  necessary,  except 


Constitution  of  Maine  227 

on  a  question  of  adjournment,  which  shall  have  passed  both  houses, 

shall  be  presented  to  the  Governor,  and  if  he  approve,  he  shall 

sign  it  ;  if  not,  he  shall  return  it  with  his  objections  to  the  house,   —proceed- 

in  which  it  shall  have  originated,  which  shall  enter  the  objections    ings  in  case 

at  large  on  its  journals,  and  proceed  to  reconsider  it.     If  after  such 


reconsideration,  two-thirds  of  that  house  shall  agree  to  pass  it,  it 

shall  be  sent  together  with  the  objections,  to  the  other  house,  by 

which  it  shall  be  reconsidered,  and,  if  approved  by  two-thirds  of 

that  house,  it  shall  have  the  same  effect,  as  if  it  had  been  signed 

by  the  Governor  ;  but  in  all  such  cases,  the  votes  of  both  houses 

shall  be  taken  by  yeas  and  nays,  and  the  names  of  the  persons, 

voting  for  and  against  the  bill  or  resolution,  shall  be  entered  on 

the  journals  of  both  houses  respectively.     If  the  bill  or  resolution   —  bills  shall 

shall  not  be  returned  by  the  Governor  within  five  days,  (Sundays 

excepted)  after  it  shall  have  been  presented  to  him,  it  shall  have   wjtnin  five 

the  same  force  and  effect,  as  if  he  had  signed  it,  unless  the  Legis-   days. 

lature,  by  their  adjournment  prevent  its  return,  in  which  case  it 

shall  have  such  force  and  effect,  unless  returned  within  three  days 

after  their  next  meeting. 

Sec.  3.     Each  house  shall  be  the  judge  of  the  elections  and   Each  house 

qualifications  of  its  own  members,  and  a  majority  shall  constitute   to  JuclSe  °» 

its  elections. 
a  quorum  to  do  business  ;  but  a  smaller  number  may  adjourn  from  .    . 

day  to  day,  and  may  compel  the  attendance  of  absent  members,   a  quorum. 
in  such  manner,  and  under  such  penalties  as  each  house  shall 
provide. 

Sec.  4.     Each  house  may  determine  the  rules  of  its  proceed-    May  punish 

ings,  punish  its  members  for  disorderly  behavior,  and.  with  the   and  expel 
f  members. 

concurrence  of  two-thirds,  expel  a  member,  but  not  a  second  time 

for  the  same  cause. 

Sec.  5.     Each  house  shall  keep  a  journal,  and  from  time  to  time   Shall  keep 
publish  its  proceedings',  except  such  parts  as  in  their  judgment  may   a  Journal* 
require  secrecy  ;  and  the  yeas  and  nays  of  the  members  of  either 
house  on  any  question,  shall,  at  the  desire  of  one-fifth  of  those 
present,  be  entered  on  the  journals. 

Sec.  6.     Each  house,  during  its  session,  may  punish  by  im-   May  punish 
prisonment  any  person,  not  a  member,  for  disrespectful  or  dis-   for  contempt. 
orderly   behavior   in   its   presence,    for  obstructing  any   of    its 
proceedings,  threatening,  assaulting  or  abusing  any  of  its  mem- 
bers for  anything  said,  done,  or  doing  in  either  house  ;  provided, 


228 


Appendix  B 


Compensa- 
tion of 
members. 


Members  are 

exempt  from 

arrest. 

—  freedom 

of  debate. 


Either  house 
may  origi- 
nate bills. 
—  revenue 
bills. 


Members 
not  to  be 
appointed 
to  certain 
offices. 


Persons  dis- 
qualified to 
be  members. 


Adjourn- 
ments. 


that  no  imprisonment  shall  extend  beyond  the  period  of  the  same 
session. 

Sec.  7.  The  senators  and  representatives  shall  receive  such 
compensation,  as  shall  be  established  by  law ;  but  no  law  increas- 
ing their  compensation  shall  take  effect  during  the  existence  of  the 
Legislature  which  enacted  it.  The  expenses  of  the  House  of 
Representatives  in  traveling  to  the  Legislature  and  returning 
therefrom,  once  in  each  session  and  no  more,  shall  be  paid  by 
the  State  out  of  the  public  treasury  to  every  member,  who  shall 
seasonably  attend,  in  the  judgment  of  the  house,  and  does  not 
depart  therefrom  without  leave. 

Sec.  8.  The  senators  and  representatives  shall,  in  all  cases 
except  treason,  felony  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at,  going  to,  and  returning  from 
each  session  of  the  Legislature  ;  and  no  member  shall  be  liable  to 
answer  for  anything  spoken  in  debate  in  either  house,  in  any  court 
or  place  elsewhere. 

Sec.  9.  Bills,  orders  or  resolutions,  may  originate  in  either 
house,  and  may  be  altered,  amended  or  rejected  in  the  other ;  but 
all  bills  for  raising  a  revenue  shall  originate  in  the  House  of 
Representatives,  but  the  Senate  may  propose  amendments  as  in 
other  cases  ;  provided,  that  they  shall  not,  under  color  of  amend- 
ment, introduce  any  new  matter,  which  does  not  relate  to  raising 
a  revenue. 

Sec.  10.  No  senator  or  representative  shall,  during  the  term 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  of  profit  under  this  State,  which  shall  have  been  created,  or 
the  emoluments  of  which  increased  during  such  term  except  such 
offices  as  may  be  rilled  by  elections  by  the  people,  provided,  that 
this  prohibition  shall  not  extend  to  the  members  of  the  first 
Legislature. 

Sec.  n.  No  member  of  Congress,  nor  person  holding  any 
office  under  the  United  States  (post-officers  excepted)  nor  office 
of  profit  under  this  State,  justices  of  the  peace,  notaries  public, 
coroners  and  officers  of  the  militia  excepted,  shall  have  a  seat  in 
either  house  during  his  being  such  member  of  Congress,  or  his 
continuing  in  such  office. 

Sec.  12.  Neither  house  shall,  during  the  session,  without 
the  consent  of  the  other,  adjourn  for  more  than  two  days,  nor 


Constitution  of  Maine  229 

to  any  other  place  than   that   in  which   the  houses   shall   be  Special  legis- 

.  lation 

SlttinS'  (Resolve  of 

Sec.  13.    The  Legislature  shall,  from  time  to  time,  provide,  as  Feb.24,i875: 

far  as  practicable,  by  general  laws,  for  all  matters  usually  apper-  Amendment 
taining  to  special  or  private  legislation. 

Sec.  14.     Corporations  shall   be  formed  under  general  laws, 

and  shall  not  be  created  by  special  acts  of  the  Legislature,  except  formed  under 

for  municipal  purposes,  and  in  cases  where  the  objects  of  the  general  laws. 

corporation  cannot  otherwise  be  attained  ;  and,  however  formed,  F^S^Vj8°^ . 

they  shall  forever  be  subject  to  the  general  laws  of  the  State.  Amendment 

Sec.  15.     The  Legislature  shall,  by  a  two-thirds   concurrent  xiv.) 

vote  of  both  branches,  have  the  power  to  call  constitutional  con-  Constitu- 

...                         r             !•         i  •               ....  tional  con- 
ventions, for  the  purpose  of  amending  this  constitution.  ventions. 

(Resolve  of 

ARTICLE  V.  -  PART  Fmsr  ^.1875 : 

EXECUTIVE  POWERS  xix>) 

Section  i .   The  supreme  executive  power  of  this  State  shall  be  Governor, 
vested  in  a  Governor. 

Sec.  2.   The  Governor  shall  be  elected  by  the  qualified  elec-  Election, 

tors,  and  shall  hold  his  office  one  year  from  the  first  Wednesday  (SeeAmend- 

of  January  in  each  year.  ment  x*iii.) 

Sec.  3.   The  meetings  for  election  of  governor  shall  be  notified,  Meetings  for 

held,  and  regulated,  and  votes  shall  be  received,  sorted,  counted,  choice  of 
declared  and  recorded,  in  the  same  manner  as  those  for  senators 

and  representatives.     They  shall  be  sealed  and  returned  into  the  —  votes  to  be 

secretary's  orifice  in  the  same  manner,  and  at  the  same  time  as  returned  to 

those  for  senators.     And  the  secretary  of  state  for  the  time  being  ^jf tai 

shall,  on  the  first  Wednesday  of  January,  then  next,  lay  the  lists  (Resolve  of 

before  the  Senate  and  House  of  Representatives,  and  also  the  March  24, 

lists  of  votes  of  citizens  in  the  military  service  returned  into  the  4 : 

....             111                    .11-                 /-       t  Amendment 

secretary's  office,  to  be  by  them  examined,  and,  in  case  of  a  choice  x  ^ 

by  a  majority  of  all  the  votes  returned,  they  shall  declare  and  (SeeAmend- 

publish  the  same.     But  if  no  person  shall  have  a  majority  of  votes,  ment  xxiv-) 

the  House  of  Representatives  shall,  by  ballot,  from  the  persons  ~T^ 

having  the  four  highest  numbers  of  votes  on  the  lists,  if  so  many  js  no  choice, 
there  be,  elect  two  persons  and  make  return  of  their  names  to 
the  Senate,  of  whom  the  Senate  shall,  by  ballot,  elect  one,  who 
shall  be  declared  the  Governor. 


230 


Appendix  B 


Qualifica- 
tions of 
governor. 


Disqualifica- 
tions. 


Compensa- 
tion. 


Commander- 
in-chief  of 
the  militia. 
—  not  to 
march  the 
militia  out  of 
the  State. 


To  nominate 
officers. 
(Resolve  of 
March  17, 

1855: 

Amendment 
ix,  amended 
by  Resolve  of 
Feb.  24, 1875: 
Amendment 
xvi.) 

To  give  infor- 
mation and 
recommend 
measures. 
May  require 
information 
of  any  officer. 
Power  of  gov- 
ernor to  par- 
don and 
remit  penal- 
alties,  etc. 


Sec.  4.  The  Governor  shall,  at  the  commencement  of  his  term, 
be  not  less  than  thirty  years  of  age  ;  a  natural  born  citizen  of  the 
United  States,  have  been  five  years,  or  from  the  adoption  of  this 
Constitution,  a  resident  of  the  State ;  and  at  the  time  of  his  elec- 
tion and  during  the  term  for  which  he  is  elected,  be  a  resident  of 
said  State. 

Sec.  5.  No  person  holding  any  office  or  place  under  the  United 
States,  this  State,  or  any  other  power,  shall  exercise  the  office  of 
Governor. 

Sec.  6.  The  Governor  shall  at  stated  times,  receive  for  his  ser- 
vices a  compensation,  which  shall  not  be  increased  or  diminished 
during  his  continuance  in  office. 

Sec.  7.  He  shall  be  commander-in-chief  of  the  army  and  navy 
of  the  State  and  of  the  militia,  except  when  called  into  the  actual 
service  of  the  United  States  ;  but  he  shall  not  march  nor  convey 
any  of  the  citizens  out  of  the  State,  without  their  consent  or  that 
of  the  Legislature,  unless  it  shall  become  necessary,  in  order  to 
march  or  transport  them  from  one  part  of  the  State  to  another 
for  the  defence  thereof. 

Sec.  8.  He  shall  nominate,  and,  with  the  advice  and  consent 
of  the  council,  appoint  all  judicial  officers,  coroners,  and  notaries 
public ;  and  he  shall  also  nominate,  and  with  the  advice  and  con- 
sent of  the  council,  appoint  all  other  civil  and  military  officers, 
whose  appointment  is  not  by  this  Constitution,  or  shall  not  by 
law  be  otherwise  provided  for ;  and  every  such  nomination  shall 
be  made  seven  days,  at  least,  prior  to  such  appointment. 

Sec.  9.  He  shall  from  time  to  time  give  the  Legislature  infor- 
mation of  the  condition  of  the  State,  and  recommend  to  their 
consideration  such  measures,  as  he  may  judge  expedient. 

Sec.  10.  He  may  require  information  from  any  military  officer 
or  any  officer  in  the  executive  department,  upon  any  subject  re- 
lating to  the  duties  of  their  respective  offices. 

Sec.  11.  He  shall  have  power,  with  the  advice  and  consent  of 
the  council,  to  remit,  after  conviction,  all  forfeitures  and  penal- 
ties, and  to  grant  reprieves,  commutations  and  pardons,  except  in 
cases  of  impeachment,  upon  such  conditions,  and  with  such  re- 
strictions and  limitations,  as  may  be  deemed  proper,  subject  to 
such  regulations  as  may  be  provided  by  law,  relative  to  the 
manner  of  applying  for  pardons.  And  he  shall  communicate  to 


Constitution  of  Maine  231 

the  Legislature  at  each  session  thereof,  each  case  of  reprieve,  (Resolve  of 

remission  of  penalty,  commutation  or  pardon  granted,  stating  the  Feb-  24. 

name  of  the  convict,  the  crime  of  which  he  was  convicted,  the  Amendment 

sentence  and  its  date,  the  date  of  the  reprieve,  remission,  commu-  xv>) 
tation  or  pardon,  and  the  conditions,  if  any,  upon  which  the  same 
was  granted. 

Sec.  12.   He  shall  take  care  that  the  laws  be  faithfully  executed.  Shall  enforce 

Sec.  13.    He  may,  on   extraordinary   occasions,   convene  the  the  laws- 

Legislature ;  and  in  cases  of  disagreement  between  the  two  houses    .  onyene  t  e 

,  legislature  on 

with  respect  to  the  time  of  adjournment,  adjourn  them  to  such    extraordi- 

time  as  he  shall  think  proper,  not  beyond  the  day  of  the  next   nary  occa- 

annual  meeting ;  and  if,  since  the  last  adjournment,  the  place   sions>  an.d . 

adjourn  it  in 
where  the  Legislature  were  next  to  convene  shall  have  become    case  of  dis. 

dangerous  from  an  enemy  or  contagious  sickness,  may  direct  the   agreement, 
session  to  be  held  at  some  other  convenient  place  within  the  State.    (See  Amend- 

Sec.  14.   Whenever  the  office  of  the  Governor  shall  become   ™eny««»-) 
vacant  by  death,  resignation,  removal  from  office  or  otherwise,   change  the 
the  president  of  the  Senate  shall  exercise  the  office  of  Governor  place  of 
until  another  Governor  shall  be  duly  qualified  ;  and  in  case  of  the   meetmS- 
death,  resignation,  removal  from  office  or  disqualification  of  the   Vacancy, 
president  of  the  Senate,  so  exercising  the  office  of  Governor,  the 
speaker  of  the  House  of  Representatives  shall  exercise  the  office, 
until  a  president  of  the  Senate  shall  have  been  chosen  ;  and  when 
the  office  of  Governor,  president  of  the  Senate,  and  speaker  of 
the  House  shall  become  vacant,  in  the  recess  of  the  Senate,  the 
person,  acting  as  Secretary  of  State  for  the  time  being,  shall  by 
proclamation  convene    the    Senate,  that   a  president    may    be 
chosen   to   exercise  the   office  of  Governor.      And    whenever 
either  the  president  of  the   Senate  or  speaker  of  the  House 
shall  so  exercise  said  office,  he  shall  receive  only  the  compensa- 
tion of  Governor,  but  his  duties  as  president  or  speaker  shall 
be  suspended ;  and  the  Senate  or  House  shall  fill  the  vacancy 
until  his  duties  as  Governor  shall  cease. 


ARTICLE  V.  — PART  SECOND 
COUNCIL 

Council  shall 
Section  i.     There  shall  be  a  Council,  to  consist  of  seven  per-   consist  of 

sons,  citizens  of  the  United  States,  and  residents  of  this  State,    seven. 


232 


Appendix  B 


Councilors, 
how  chosen. 
(See  Amend- 
ment xxiii.) 


— privileged 
from  arrest. 

Journal  of 
their  pro- 
ceedings. 


Persons  dis- 
qualified to 
be  council- 
ors. 

— not  to  be 
appointed  to 
any  office. 


to  advise  the  Governor  in  the  executive  part  of  government, 
whom  the  Governor  shall  have  full  power,  at  his  discretion,  to 
assemble ;  and  he  with  the  Councilors,  or  a  majority  of  them, 
may  from  time  to  time,  hold  and  keep  a  council,  for  ordering  and 
directing  the  affairs  of  State,  according  to  law. 

Sec.  2.  The  Councilors  shall  be  chosen  annually,  on  the  first 
Wednesday  of  January,  by  joint  ballot  of  the  senators  and  repre- 
sentatives in  convention ;  and  vacancies,  which  shall  afterwards 
happen,  shall  be  filled  in  the  same  manner ;  but  not  more  than 
one  Councilor  shall  be  elected  from  any  district,  prescribed  for 
the  election  of  senators  ;  and  they  shall  be  privileged  from  arrest 
in  the  same  manner  as  senators  and  representatives. 

Sec.  3.  The  resolutions  and  advice  of  Council,  shall  be  re- 
corded in  a  register,  and  signed  by  the  members  agreeing  thereto, 
which  may  be  called  for  by  either  house  of  the  Legislature  ;  and 
any  Councilor  may  enter  his  dissent  to  the  resolution  of  the 
majority. 

Sec.  4.  No  member  of  congress,  or  of  the  Legislature  of  this 
State,  nor  any  person  holding  any  office  under  the  United  States, 
(post  officers  excepted),  nor  any  civil  officers  under  this  State 
(justices  of  the  peace  and  notaries  public  excepted),  shall  be 
Councilors.  And  no  Councilor  shall  be  appointed  to  any  office 
during  the  time  for  which  he  shall  have  been  elected. 


Secretary, 
how  chosen. 
(See  Amend- 
ment xxiii.) 

—  to  keep 
the  records 
of  state. 

—  to  attend 
the  governor 
and  council. 

—  to  preserve 
records  of  ex- 
ecutive and 
legislative 
departments. 


ARTICLE   V.  — PART  THIRD 
SECRETARY 

Section  i.  The  Secretary  of  State  shall  be  chosen  annually 
at  the  first  session  of  the  Legislature,  by  joint  ballot  of  the  sena- 
tors and  representatives  in  convention. 

Sec.  2.  The  records  of  the  State  shall  be  kept  in  the  office  of 
the  Secretary,  who  may  appoint  his  deputies,  for  whose  conduct 
he  shall  be  accountable. 

Sec.  3.  He  shall  attend  the  Governor  and  Council,  Senate 
and  House  of  Representatives,  in  person  or  by  his  deputies,  as 
they  shall  respectively  require. 

Sec.  4.  He  shall  carefully  keep  and  preserve  the  records  of 
all  the  official  acts  and  proceedings  of  the  Governor  and  Council, 
Senate  and  House  of  Representatives,  and,  when  required,  lay 


Constitution  of  Maine  233 

the  same  before  either  branch  of  the  Legislature,  and  perform 
such  other  duties  as  are  enjoined  by  this  Constitution,  or  shall  be 
required  by  law. 

ARTICLE   V.  —  PART  FOURTH 
TREASURER 

Section  i.    The  Treasurer  shall  be  chosen  annually,  at  the  Treasurer, 

first  session  of  the  Legislature,  by  joint  ballot  of  the  senators  how  chosen. 

and  representatives  in  convention,  but  shall  not  be  eligible  more  ^^ts  ^j^d" 

thanyfotf  years  successively.  xxvii.) 

Sec.  2.     The  Treasurer  shall,  before  entering  on  the  duties  of  Must  give 

his  office,  give  bond  to  the  State,  with  sureties,  to  the  satisfaction  bond. 
of  the  Legislature,  for  the  faithful  discharge  of  his  trust. 

Sec.  3.     The  Treasurer  shall  not,  during  his  continuance  in  Must  not  en- 

office,    engage  in  any  business  of  trade  or  commerce,  or  as   a  gage  in  trade. 
broker,  nor  as  an  agent  or  factor  for  any  merchant  or  trader. 

Sec.  4.     No  money  shall  be  drawn  from  the  treasury,  but  by  Nor  draw 

warrant  from  the  Governor  and  Council,  and  in  consequence  of  money  but 

appropriations  made  by  law;  and  a  regular  statement  and  ac-  .^count^of 

count  of  the  receipts  and  expenditures  of  all  public  money,  shall  receipts  and 

be  published  at  the  commencement  of  the  annual  session  of  the  expenditures 

Legislature.  to  be  Pub~ 

lished. 

ARTICLE    VI  (See  Amend- 

ment xxni.) 

JUDICIAL  POWER 

Section  i.     The  judicial  power  of  this  State  shall  be  vested  in  Supreme  and 

a  Supreme  Judicial  Court,  and  such  other  courts  as  the  Legisla-  °tner  courts. 
ture  shall  from  time  to  time  establish. 

Sec.  2.     The  justices  of  the  Supreme  Judicial  Court  shall,  at  Compensa- 

stated  times  receive  a  compensation,  which  shall  not  be  dimin-  t!on  of  J»s- 

ished  during  their  continuance  in  office,  but  they  shall  receive  no  Jourf0     ' 

' 


other  fee  or  reward.  TO  give  opin- 

Sec.  3.     They  shall  be  obliged  to  give  their  opinion  upon  im-  ion  when  re- 

portant  questions  of  law,  and  upon  solemn  occasions,  when  re-  quired  by 

quired  by  the  Governor,  Council,  Senate,  or  House  of  Represen-  eilherbranch 

J  of  govern- 

tatives.  ment> 

Sec.  4.     All  judicial  officers  now  in  office  or  who  may  be  here-  Tenure  of  ju- 

after  appointed  shall,  from  and  after  the  first  day  of  March  in  dicial  offices. 


234 


Appendix  B 


(Resolve  of 
March  14, 
1839: 

Amendment 
iii.) 


Justices  of 
the  peace 
and  notaries. 


Justices  of 
the  S.  J.  C. 
can  hold  no 
other  office. 

Judges  and 
registers  of 
probate,  their 
election  and 
tenure  of 
office. 

(See  Amend- 
ment xxiii.) 
—  vacancies. 
(Resolve  of 
March  17, 

1855: 

Amendment 
ix.) 

(See  Amend- 
ment xxiii.) 
Judges  of 
municipal 
and  police 
courts,  their 
tenure. 
(Resolve  of 
Feb.  24, 1875: 
Amendment 
xvi.) 


the  year  eighteen  hundred  and  forty,  hold  their  offices  for  the 
term  of  seven  years  from  the  time  of  their  respective  appoint- 
ments, (unless  sooner  removed  by  impeachment  or  by  address  of 
both  branches  of  the  Legislature  to  the  Executive)  and  no  longer 
unless  re-appointed  thereto. 

Sec.  5.  Justices  of  the  peace  and  notaries  public,  shall  hold 
their  offices  during  seven  years,  if  they  so  long  behave  themselves 
well,  at  the  expiration  of  which  term,  they  may  be  re-appointed 
or  others  appointed,  as  the  public  interest  may  require. 

Sec.  6.  The  justices  of  the  Supreme  Judicial  Court  shall  hold 
no  office  under  the  United  States,  nor  any  State,  nor  any  other 
office  under  this  State,  except  that  of  justice  of  the  peace. 

Sec.  7.  Judges  and  registers  of  probate  shall  be  elected  by 
the  people  of  their  respective  counties,  by  a  plurality  of  the  votes 
given  in  at  the  annual  election,  on  the  second  Monday  of  Sep- 
tember, and  shall  hold  their  offices  for  four  years,  commencing 
on  the  first  day  of  January  next  after  their  election.  Vacancies 
occurring  in  said  offices  by  death,  resignation  or  otherwise,  shall 
be  filled  by  election  in  manner  aforesaid,  at  the  September  election 
next  after  their  occurrence ;  and  in  the  meantime,  the  Governor, 
with  the  advice  and  consent  of  the  Council,  may  fill  said  vacan- 
cies by  appointment,  and  the  persons  so  appointed  shall  hold  their 
offices  until  the  first  day  of  January  thereafter. 

Sec.  8.  Judges  of  municipal  and  police  courts  shall  be  ap- 
pointed by  the  executive  power,  in  the  same  manner  as  other 
judicial  officers,  and  shall  hold  their  offices  for  the  term  of  four 
years ;  provided,  however,  that  the  present  incumbents  shall  hold 
their  offices  for  the  term  for  which  they  were  elected. 

ARTICLE   VII 
MILITARY 

[The  Important  provisions  of  this  article  have  been  incorpo- 
rated in  Section  60,  pp.  144-148,  ante.~\ 


Constitution  of  Maine  235 

ARTICLE  VIII 
LITERATURE 

A  general  diffusion  of  the  advantages  of  education  being  essen-   Legislature 

tial  to  the  preservation  of  the  rights  and  liberties  of  the  people  ;    sha11  re<lulre 

,      .      ,     towns  to  sup- 
to  promote  this  important  object,  the  Legislature  are  authorized, 


and  it  shall  be  their  duty  to  require,  the  several  towns  to  make   schools  ; 
suitable  provision,  at  their  own  expense,  for  the  support  and 
maintenance  of  public  schools  ;  and  it  shall  further  be  then-  duty   —shall  en- 

to  encourage  and  suitably  endow  from  time  to  time,  as  the  cir-   do^  colleSes 

•  an"  a-cade- 

cumstances  of  the  people  may  authorize,  all  academies,  colleges    mjes 

and  seminaries  of  learning  within  the  State;  provided,  that  no  —proviso. 
donation,  grant  or  endowment  shall  at  any  time  be  made  by  the 
Legislature  to  any  literary  institution  now  established,  or  which 
may  hereafter  be  established,  unless,  at  the  time  of  making  such 
endowment,  the  Legislature  of  the  State  shall  have  the  right  to 
grant  any  further  powers  to  alter,  limit  or  restrain  any  of  the 
powers  vested  in,  any  such  literary  institution,  as  shall  be  judged 
necessary  to  promote  the  best  interests  thereof. 

ARTICLE   IX 
GENERAL  PROVISIONS 

Section  i  .     Every  person  elected  or  appointed  to  either  of  the   Oaths  and 
places  or  offices  provided  in  this  Constitution,  and  every  person   subscriP- 
elected,  appointed,  or  commissioned  to  any  judicial,  executive,  mili- 
tary or  other  office  under  this  State,  shall,  before  he  enter  on  the 
discharge  of  the  duties  of  his  place  or  office,  take  and  subscribe 
the  following  oath  or  affirmation  :  "  I  -  do  swear,  that  I  will 
support  the  Constitution  of  the  United  States,  and  of  this  State, 
so  long  as  I  shall  continue  a  citizen  thereof.     So  help  me  God." 

"  I  -  do  swear,  that  I  will  faithfully  discharge,  to  the  best 
of  my  abilities,  the  duties  incumbent  on  me  as  -  according 
to  the  Constitution  and  laws  of  the  State.  So  help  me  God." 
Provided,  that  an  affirmation  in  the  above  forms  may  be  substi-  —proviso. 
tuted,  when  the  person  shall  be  conscientiously  scrupulous  of  tak- 
ing and  subscribing  an  oath. 

[The  persons  before  whom  the  oaths  are  to  be  taken  are  indi- 
cated.] 


236 


Appendix  B 


Offices  in- 
compatible 
with  each 
other. 

(See  Art.  iii, 
ga, 
Art.  iv,  Part 

3.  §  «• 

Art.  v,  Part  i, 

§5.) 


Commis- 
sions. 


Elections  on 
the  first 
Wednesday 
of  January 
may  be    ad- 
journed from 
day  to  day. 
(See  Amend- 
ment xxiii.) 
Every  civil 
officer  may 
be  removed 
by  impeach- 
ment or  ad- 
dress. 


Tenure  of 
office. 


Valuation. 

Taxation. 

(Resolve  of 

Feb.  24, 1875: 

Amendment 

xvii.) 

Power  of 

taxation. 

(Amendment 

xvii.) 


Sec.  2.  No  person  holding  the  office  of  justice  of  the  Supreme 
Judicial  Court,  or  of  any  inferior  court,  attorney  general,  county  at- 
torney, treasurer  of  the  State,  adjutant  general,  judge  of  probate, 
register  of  probate,  register  of  deeds,  sheriffs  or  their  depu- 
ties, clerks  of  the  judicial  courts,  shall  be  a  member  of  the  Legis- 
lature ;  and  any  person  holding  either  of  the  foregoing  offices, 
elected  to,  and  accepting  a  seat  in  the  Congress  of  the  United 
States,  shall  thereby  vacate  said  office ;  and  no  person  shall  be 
capable  of  holding  or  exercising  at  the  same  time  within  this 
State,  more  than  one  of  the  offices  before  mentioned. 

Sec.  3.  All  commissions  shall  be  in  the  name  of  the  State, 
signed  by  the  Governor,  attested  by  the  secretary  or  his  deputy, 
and  have  the  seal  of  the  State  thereto  affixed. 

Sec.  4.  And  in  case  the  elections  required  by  this  Constitu- 
tion on  the  first  Wednesday  of  January  annually,  by  the  two 
houses  of  the  Legislature,  shall  not  be  completed  on  that  day,  the 
same  may  be  adjourned  from  day  to  day,  until  completed,  in  the 
following  order ;  the  vacancies  in  the  Senate  shall  first  be  filled ; 
the  Governor  shall  then  be  elected,  if  there  be  no  choice  by  the 
people ;  and  afterwards  the  two  houses  shall  elect  the  council. 

Sec.  5.  Every  person  holding  any  civil  office  under  this  State, 
may  be  removed  by  impeachment,  for  misdemeanor  in  office; 
and  every  person  holding  any  office,  may  be  removed  by  the  Gov- 
ernor, with  the  advice  of  the  Council,  on  the  address  of  both 
branches  of  the  Legislature.  But  before  such  address  shall  pass 
either  house,  the  causes  of  removal  shall  be  stated  and  entered 
on  the  journal  of  the  house  in  which  it  originated,  and  a  copy 
thereof  served  on  the  person  in  office,  that  he  may  be  admitted 
to  a  hearing  in  his  defense. 

Sec.  6.  The  tenure  of  all  offices,  which  are  not  or  shall  not 
be  otherwise  provided  for,  shall  be  during  the  pleasure  of  the 
Governor  and  Council. 

Sec.  7.  While  the  public  expenses  shall  be  assessed  on  polls 
and  estates,  a  general  valuation  shall  be  taken  at  least  once  in 
ten  years. 

Sec.  8.  All  taxes  upon  real  and  personal  estate,  assessed  by 
authority  of  this  State,  shall  be  apportioned  and  assessed  equally, 
according  to  the  just  value  thereof. 

Sec.  9.  The  Legislature  shall  never,  in  any  manner,  suspend 
or  surrender  the  power  of  taxation. 


Constitution  of  Maine  237 

Sec.  10.     Sheriffs  shall  be  elected  by  the  people  of  their  re-  Sheriffs,  how 

spective  counties,  by  a  plurality  of  the  votes  given  in  on  the  second  elected.  and 
Monday  of  September,  and  shall  hold  their  offices  for  two  years  ° 


from  the  first  day  of  January  next  after  their  election.    Vacancies  (Resolve  of 

shall  be  filled  in  the  same  manner"  as  is  provided  in  the  case  of  March  17, 

judges  and  registers  of  probate.  *85S  : 

Sec.  ii.     The  attorney  general  shall  be  chosen  annually  by  jx  ) 

joint  ballot  of  the  senators  and  representatives  in  the  convention.  Attorney 

Vacancy  in  said  office,  occurring  when  the  Legislature  is  not  in  general. 

session,  may  be  filled  by  the  appointment  of  the  Governor  with  (Resolve  of 

the  advice  and  consent  of  the  Council.  ^ch  I7> 

Sec.  12.     [Citizens  absent  in  the  military  service  may  vote  for  Amendment 

county  officers.]  ix;  see 

Sec.  13.     The  Legislature  may  enact  laws  excluding  from  the  Amendment 
right  of  suffrage,  for  a  term  not  exceeding  ten  years,  all  persons 
convicted  of  bribery  at  any  election,  or  of  voting  at  any  election, 

under  the  influence  of  a  bribe.  (Resolve  of 

Sec.  14.     The  credit  of  the  State  shall  not  be  directly  or  in-  Feb.24,i875: 

directly  loaned  in  any  case.     The  Legislature  shall  not  create  any  A™endment 
debt  or  debts,  liability  or  liabilities,  on  behalf  of  the  State,  which 

shall  singly  or  in  the  aggregate,  with  previous  debts  and  liabilities  state  not  to 

hereafter  incurred  at  any  one  time,  exceed  three  hundred  thousand  be  loaned. 

dollars,  except  to  suppress  insurrection,  to  repel  invasion,  or  for  —  state  debt 

purposes  of  war  ;  but  this  amendment  shall  not  be  construed  to  Jmi  e 

refer  to  any  money  that  has  been,  or  may  be  deposited  with  this  (Resolve  of 

State  by  the  government  of  the  United  States,  or  to  any  fund  July  26,  1847  : 

which  the  State  shall  hold  in  trust  for  any  Indian  tribe.  Amendment 

vi  ) 
Sec.  15.     The  State  is  authorized  to  issue  bonds  payable  within      '     t    . 

twenty  -one  years,  at  a  rate  of  interest  not  exceeding  six  per  cent,  a  bonds  in  pay- 

year,  payable  semi-annually,  which  bonds  or  their  proceeds  shall  ment  of  mu- 

be  devoted  solely  towards  the  reimbursement  of  the  expenditures  niciPal  war 

incurred  by  the  cities,  towns  and  plantations  of  the  State  for  war  sojvg  Of 

purposes  during  the  rebellion,  upon  the  following  basis  :   Each  March  7, 

city,  town  and  plantation  shall  receive  from  the  State  one  hundred  l868  •' 

dollars  for  every  man  furnished  for  the  military  service  of  the  Amendment 

United  States  under  and  after  the  call  of  July  second^  eighteen  —basis  of 

hundred  and  sixty-two,  and  accepted  by  the  United  States  towards  payment 
its  quota  for  the  term  of  three  years,  and  in  the  same  proportion 
for  every  man  so  furnished  and  accepted  for  any  shorter  period  ; 


Appendix  B 


—  commis- 
sion ap- 
pointed to 
determine 
amount  due 
cities,  towns 
and  planta- 
tions. 

—  limited  to 
$3,500,000. 


Towns  of 
4,000  inhabit- 
ants or  hav- 
ing inhabited 
islands,  may 
be  divided 
into  voting 
districts. 
(Resolve  of 
March  15, 
1869: 

Amendment 
xii.) 

Laws  now  in 
force  con- 
tinue until 
repealed. 
Constitution, 
how 

amended. 
(See  Art.  4, 
Part  3,  §  15.) 


(See  Amend- 
ment xxiii.) 


and  the  same  shall  be  in  full  payment  for  any  claim  upon  the 
State  on  account  of  its  war  debts  by  any  such  municipality.  A 
commission -appointed  by  the  Governor  and  Council  shall  deter- 
mine the  amount  to  which  each  city,  town  and  plantation  is  en- 
titled; to  be  devoted  to  such  reimbursement,  the  surplus,  if  any,  to 
be  appropriated  to  the  soldiers  who  enlisted  or  were  drafted  and 
went  at  any  time  during  the  war,  or  if  deceased,  to  their  legal 
representatives.  The  issue  of  bonds  hereby  authorized  shall  not 
exceed  in  the  aggregate  three  million  five  hundred  thousand  dollars, 
and  this  amendment  shall  not  be  construed  to  permit  the  credit  of 
the  State  to  be  directly  or  indirectly  loaned  in  any  other  case  or  for 
any  other  purpose. 

Sec.  1 6.  The  Legislature  may  by  law  authorize  the  dividing 
of  towns  having  not  less  than  four  thousand  inhabitants,  or  having 
voters  residing  on  any  island  within  the  limits  thereof,  into  voting 
districts  for  the  election  of  representatives  to  the  Legislature,  and 
prescribe  the  manner  in  which  the  votes  shall  be  received,  counted, 
and  the  result  of  the  election  declared. 

ARTICLE  X 
SCHEDULE 

Section  i .  All  laws  now  in  force  in  this  State,  and  not  repugnant 
to  this  Constitution,  shall  remain,  and  be  in  force  until  altered  or 
repealed  by  the  Legislature,  or  shall  expire  by  their  own  limitation. 

SEC.' 2.  The  Legislature,  whenever  two-thirds  of  both  houses 
shall  deem  it  necessary,  may  propose  amendments  to  this  Consti- 
tution ;  and  when  any  amendments  shall  be  so  agreed  upon,  a 
resolution  shall  be  passed  and  sent  to  the  selectmen  of  the  several 
towns,  and  the  assessors  of  the  several  plantations,  empowering 
and  directing  them  to  notify  the  inhabitants  of  their  respective 
towns  and  plantations,  in  the  manner  prescribed  by  law,  at  their 
next  annual  meetings  in  the  month  of  September,  to  give  in  their 
votes  on  the  question,  whether  such  amendment  shall  be  made ; 
and  if  it  shall  appear  that  a  majority  of  the  inhabitants  voting  on 
the  question  are  in  favor  of  such  amendment,  it  shall  become  a 
part  of  this  Constitution. 

[Sections  3  and  4  provide  for  the  rearrangement  of  the  text  of 
the  Constitution  by  the  chief  justice  of  the  Supreme  Judicial  Court, 
in  accordance  with  the  legislative  resolve  of  February  24, 1875.] 


Constitution  of  Maine  239 


AMENDMENTS 

ARTICLE  XXII1 
LIMITATION  OF  MUNICIPAL  INDEBTEDNESS 

No  city  or  town  shall  hereafter  create  any  debt  or  liability,  which  Municipal 

singly,  or  in  the  aggregate  with  previous  debts  or  liabilities,  shall  indebt 

exceed  five  per  centum  of  the  last  regular  valuation  of  said  city  or  ceed 

town ;  provided,  however,  that  the  adoption  of  this  article  shall  cent,  of 

not  be  construed  as  applying  to  any  fund  received  in  trust  by  said  valuation, 

city  or  town,  nor  to  any  loan  for  the  purpose  of  renewing  existing  ^g*  ^J^  °nS 

loans  or  for  war,  or  to  temporary  loans  to  be  paid  out  of  money  §$  1§  2I.) 
raised  by  taxation,  during  the  year  in  which  they  are  made. 

ARTICLE  XXIII 

[Article  XXIII  of  the  amendments,  adopted  September  8, 1879, 
substituted  biennial  elections  and  sessions  for  annual.] 

ARTICLE  XXIV2 
ELECTION  OF  GOVERNOR  BY  PLURALITY  VOTE 

The  Constitution  of  this  State  shall  be  amended,  in  the  third   Governor  to 

section  of  the  first  part  of  article  five,  by  striking  out  the  word   J>e  elected 

,  .  by  plurality. 

"  majority,1'  wherever  it  occurs  therein,  and  inserting  in  the  place    ^ee  Art.  v, 

thereof  the  word  "  plurality."  Part  i,  §  3.) 

ARTICLE  XXV  • 
BIENNIAL  LEGISLATIVE  TERMS 

[Amends  §  2,  Art.  4,  Part  I,  as  amended  by  Article  XXIII  of 
the  amendments,  to  read  as  follows  :] 

1  Adopted  September  10,  1877. 

2  Adopted  September  13,  1880. 

8  "  The  twenty-fifth  Amendment  was  proposed  to  the  people  by  a 
Resolve  of  the  fifty-ninth  Legislature  passed  March  18,  1880,  and  was 
adopted  September  13,  as  appears  from  the  transactions  of  the  governor 
and  council,  preserved  in  the  office  of  the  secretary  of  state,  wherein  it  is 
recorded  that  the  report  of  the  committee  on  elections  to  that  effect  was 


240 


Appendix  B 


Biennial 
terms  of 
senators  and 
representa- 
tives. 


—  legislature 
to  ascertain 
number  of 
inhabitants 
once  every 
five  or  ten 
years. 


—  apportion- 
ment of  rep- 
sentatives. 


'Sec.  2.  The  house  of  representatives  shall  consist  of  one 
hundred  and  fifty-one  members,  to  be  elected  by  the  qualified 
electors,  and  hold  their  office  two  years  from  the  day  next  pre- 
ceding the  biennial  meeting  of  the  legislature,  and  the  amendment 
herein  proposed,  if  adopted,  shall  determine  the  term  of  office  of 
senators  and  representatives  to  be  elected  at  the  annual  meeting  in 
September,  in  the  year  eighteen  hundred  and  eighty,  as  well  as  the 
term  of  senators  and  representatives  thereafter  to  be  elected.  The 
legislature,  which  shall  first  be  convened  under  this  constitution, 
shall  on  or  before  the  fifteenth  day  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  twenty-one,  and  the  legisla- 
ture, within  every  subsequent  period  of  at  most  ten  years,  and  at 
least  five,  cause  the  number  of  the  inhabitants  of  the  state  to  be 
ascertained,  exclusive  of  foreigners  not  naturalized  and  Indians 
not  taxed.  The  number  of  representatives  shall,  at  the  several 
periods  of  making  such  enumeration,  be  fixed  and  apportioned 
among  the  several  counties,  as  near  as  may  be,  according  to  the 
number  of  inhabitants,  having  regard  to  the  relative  increase  of 
population.  The  number  of  representatives  shall,  on  said  first 
apportionment,  be  not  less  than  one  hundred  and  not  more  than 
one  hundred  and  fifty? 


Manufacture 
and  sale  of 
intoxicating 
liquors  pro- 
hibited. 

—  exception. 

—  legislature 
shall  enact 
laws  to  carry 
this  article 
into  effect. 


ARTICLE  XXVI1 

PROHIBITION  OF  THE   MANUFACTURE  AND  SALE  OF  INTOXI- 
CATING LIQUORS 

The  manufacture  of  intoxicating  liquors,  not  including  cider, 
and  the  sale  and  keeping  for  sale  of  intoxicating  liquors,  are  and 
shall  be  forever  prohibited.  Except,  however,  that  the  sale  and 
keeping  for  sale  of  such  liquors  for  medicinal  and  mechanical 
purposes  and  the  arts,  and  the  sale  and  keeping  for  sale  of  cider 
may  be  permitted  under  such  regulations  as  the  Legislature  may 
provide.  The  Legislature  shall  enact  laws  with  suitable  penal- 
accepted  by  the  council  and  approved  by  the  governor,  October  20, 
1880.  The  amendment  was  never  proclaimed  by  the  governor  nor  de- 
clared by  the  Legislature,  and  it  is  not  known  that  any  public  evidence 
of  its  adoption  is  in  existence."  {Note  from  text  in  Revised  Statutes.} 

1  Adopted  September  8,  1884. 


Constitution  of  Maine 


241 


ties  for  the  suppression  of  the  manufacture,  sale  and  keeping  for 
sale  of  intoxicating  liquors,  with  the  exceptions  herein  specified. 


ARTICLE  XXVII1 
ELIGIBILITY  OF  THE  TREASURER  or  STATE 

The  treasurer  shall  be  chosen  biennially,  at  the  first  session  of  Treasurer 

the  legislature,  by  joint  ballot  of  the  Senators  and  Representa-  not  eligible 

.  ,.         ,     .     ,    ,,        A  ,        ,.    .,.  ,,  .  for  more  than 

tives  in  convention,  but  shall  not  be  eligible  more  than  six  years  six       rs 

successively.  (See  Art.  v, 

Part  4,  §  i.) 

ARTICLE  XXVIII2 


APPOINTMENT  OF  ADJUTANT  GENERAL 

The  major  generals  shall  be  elected  by  the  senate  and  house 
of  representatives  each  having  a  negative  on  the  other.  The 
adjutant  general  and  quarter-master  general  shall  be  appointed 
by  the  governor.  But  the  adjutant  general  shall  perform  the 
duties  of  quarter-master  general  until  otherwise  directed  by  law. 
The  major  generals  and  brigadier  generals  and  the  commanding 
officers  of  regiments  and  battalions,  shall  appoint  their  respective 
staff  officers ;  and  all  military  officers  shall  be  commissioned  by 
the  governor. 


Major  gener- 
als, how 
elected. 
Adjutant  gen- 
eral and  quar- 
termaster 
general  ap- 
pointed by 
governor. 
(See  Art.  vii, 
§3-) 


ARTICLE  XXIX8 
EDUCATIONAL  QUALIFICATION  OF  VOTERS 

No  person  shall  have  the  right  to  vote  or  be  eligible  to  office 
under  the  Constitution  of  this  state,  who  shall  not  be  able  to  read 
the  Constitution  in  the  English  language  and  write  his  name ; 
provided,  however,  that  the  provisions  of  this  amendment  shall 
not  apply  to  any  person  prevented  by  a  physical  disability  from 
complying  with  its  requisitions,  nor  to  any  person  who  now  has 
the  right  to  vote,  nor  to  any  person  who  shall  be  sixty  years  of 
age  or  upwards  at  the  time  this  amendment  shall  take  effect. 


1  Adopted  September  10,  1888. 
8  Adopted  September  12,  1892. 


8  Adopted  September  12,  1892. 


Elector  must 
be  able  to 
read  constitu- 
tion in  Eng- 
lish and  write 
his  name. 

—  exceptions. 
(See  Art.   ii. 

MO 


242 


Appendix  B 


ARTICLE  XXX1 

VACANCIES  IN  THE  SENATE 


Section  five,  in  article  four,  part  two,  is  hereby  amended  by 
striking  out  the  words  u  and  in  this  manner  all  vacancies  in  the 


Amendment 
to  Art.  iv, 

Vacancies'  i     senate  sna^  De  supplied  as  soon  as  may  be  after  such  vacancies 
Senate,  how     happen,"  and  substituting  therefor  the  following  : 
filled.  *  But  all  vacancies  in  the  senate,  arising  from  death,  resigna- 

tion, removal  from  the  State,  or  like  causes,  shall  be  filled  by  an 
immediate  election  in  the  unrepresented  district.  The  governor 
shall  issue  his  proclamation  therefor  and  therein  fix  the  time  of 
such  election.1 

1  Adopted  September  12,  1898. 


APPENDIX  C 

94.    THE   STATE   GOVERNMENT   IN  OUTLINE 
THE  CENTRAL  GOVERNMENT 

I.   Legislative  Department. 

1 .  Senate,  —  fifty-one  members  elected  from  senatorial  dis- 

tricts for  two  years. 

2.  House  of  Representatives ) —  one  hundred  and  fifty-one 

members  elected  from  representative  districts  for  two 
years. 

Each  house  elects  its  own  officers  (secretary,  mes- 
sengers, doorkeepers,  etc.). 

II.   Executive  Department. 

1 .  Executive  Officers. 

(1 )  Governor,  —  elected  by  popular  vote  for  two  years. 

(2)  Council,  —  seven  members  elected  by  the  legis- 

lature from  councillor  districts  for  two  years. 

(3)  Secretary  of  State,  —  elected  by  the  legislature  for 

two  years. 

(4)  Treasurer,  —  elected  biennially  by  the  legislature, 

but  not  eligible   for  more   than  six  years  in 
succession. 

(5)  Attorney-General,  —  elected  by  the  legislature  for 

two  years. 

2.  Administrative  Officer  si 

(i)  State   Superintendent  of  Public  Schools,  —  ap- 
pointed for  three  years.2 

1  The  administrative  officers,  boards,  and  commissions  have,  in  general, 
no  connection  with  each  other,  but  have  been  provided  for  from  time  to 
time  to  meet  the  requirements  of  particular  classes  of  public  business. 
Their  arrangement  in  this  outline,  therefore,  must  not  be  understood  as 
indicating  their  order  of  importance. 

2  Appointments,  unless  otherwise  stated,  are  made  by  the  governor 
and  council.     A  number  of  officers,  who  normally  hold  their  places  for 

243 


244  Appendix  C 

(2)  Land   Agent  and   Forest   Commissioner,  —  ap- 

pointed during  the  pleasure  of  the  governor 
and  council. 

(3)  Insurance  Commissioner,  —  appointed  for  three 

years. 

(4)  Bank  Examiner,  —  appointed  for  three  years. 

(5)  State  Liquor  Commissioner,  —  appointed  for  four 

years. 

(6)  Commissioner  of  Agriculture,  —  elected  by  the 

legislature  for  two  years. 

(7)  Commissioner  of  Industrial  and  Labor  Statistics, 

—  appointed  for  two  years. 

(8)  Factory  Inspector,  —  appointed  for  two  years. 

(9)  State  Librarian,  —  appointed  for  three  years. 
(10)  Commissioner  of  Sea  and  Shore  Fisheries,  —  ap- 
pointed for  three  years. 

(n)  Agent  of  Penobscot  Indians,  —  appointed  during 
the  pleasure  of  the  governor  and  council. 

(12)  Agent  of  Passamaquoddy  Indians,  —  appointed  as 

in  (11). 
3.   Boards  and  Commissions. 

(1)  Railroad   Commissioners,  —  three  members  ap- 

pointed for  three  years. 

(2)  State  Assessors,  —  three  members  elected  by  the 

legislature  for  six  years. 

(3)  Commissioners  of  Inland  Fisheries  and  Game, — 

three  members  :  one  the  Land  Agent  and  For- 
est Commissioner,  two  appointed  for  two  years. 

(4)  Cattle  Commissioners, — three  members  appointed 

by  the  governor  during  his  pleasure. 

(5)  Inspectors  of  Prisons  and  Jails,  —  three  members 

appointed  for  four  years. 

(6)  Inspectors  of  Steamboats,  —  two  appointed  for 

five  years. 

(7)  Commissioners   of  Pharmacy,  —  three   members 

appointed  for  three  years. 

stated  periods,  may  be  removed  before  the  expiration  of  the  period  by 
the  governor  and  council. 


The  State  Government  in  Outline  245 

(8)  State  Board  of  Health,  —  six  members  appointed 

for  six  years.  The  secretary  is  appointed  by 
the  board,  and  holds  office  during  good 
behavior. 

(9)  Board  of  Registration  of  Medicine,  —  six  mem- 

bers appointed  for  six  years. 

(10)  Board  of  Dental  Examiners,  —  five  members  ap- 
pointed for  three  years. 

(n)  Trustees  of  State  Normal  Schools,  —  the  Gov- 
ernor and  State  Superintendent  of  Public 
Schools,  and  five  members  appointed  for  three 
years. 

III.  Judicial  Department. 

Supreme  Judicial  Court. 

A  chief  justice  and  seven  associate  justices  appointed  for 
seven  years. 

THE  COUNTY 
I.  Executive  Department. 

(1)  County  Commissioners.     Three  members  elected  for 

six  years.1 

(2)  Sheriff,  —  elected  for  two  years. 

(3)  County  Attorney, —  elected  for  two  years. 

(4)  Treasurer,  —  elected  for  two  years. 

(5)  Register  of  Deeds,  —  elected  for  four  years. 

(6)  Register  of  "Probate, —  elected  for  four  years. 

(7)  Coroner,  —  appointed  during  the  pleasure  of  the  gov- 

ernor and  council. 

II.   Judicial  Department. 

(1)  Superior  Court  (Cumberland  and  Kennebec  counties 

only),  —  one  judge  appointed  for  seven  years. 
These  courts  have  both  civil  and  criminal  jurisdic- 
tion, the  latter  exclusive. 

(2)  Supreme  Judicial   Court,  —  trial  terms,  two  or  more 

times  a  year  in  each  county  (civil  business  only  in 

1  Elective  county  officers  are  chosen  by  the  voters  of  the  county. 


246  Appendix  C 

Cumberland  and  Kennebec  counties),   held  by  a 
single  justice. 

(3)   Court  of  Probate  and  Insolvency,  —  one  judge  elected 
for  four  years. 

THE  TOWN 
I.   Legislative  Department. 

Town  meeting,  in  which  all  voters  may  participate. 
II.   Executive  Department. 

(1)  Three  selectmen,  clerk,  treasurer,  assessors  of  taxes, 

collector,  overseers  of  the  poor,  town  agent,  auditor, 
etc.,  —  elected  annually.1 

(2)  Superintending  School  Committee,  —  three  members 

elected  for  three  years,  one  retiring  annually. 

(3)  Superintendent  of  Schools,  —  appointed  by  the  super- 

intending school  committee,  if  not  elected  by  the 
town. 

(4)  Board  of  Health,  —  three  members  appointed  by  the 

municipal  officers  for  three  years. 

(5)  Road  Commissioner  or  Commissioners,  —  elected,  if 

chosen  at  all. 

(6)  Fire  Wards,  —  optional  number,  elected. 

(7)  Night  Watch,  Police,  and  Constables,  —  optional  num- 

ber, elected  or  appointed. 

III.   Judicial  Department. 

(1)  Municipal  or  Police  Court  (established  by  special  act 

of  the  legislature),  —  one  judge  appointed  by  the 
governor  and  council  for  four  years. 

(2)  Trial  Justice,  —  appointed  by  the  governor  and  coun- 

cil for  seven  years.2 

1  Except  as  otherwise  stated,  the  term  of  all  town  officers,  whether 
elected  or  appointed,  is  one  year.     Officers  not  elected  by  the  town 
are  appointed  by  the  municipal  officers,  and  most  minor  officers,  such 
as  fence-viewers,  weighers  and  measurers,  etc.,  may  be  chosen  in  either 
way. 

2  Justices  of  the  Peace  and  Quorum  are  commissioned  to  act  in  every 
county;  trial  justices  only  in  the  county  for  which  they  are  commis- 


The  State  Government  in  Outline  247 

(3)   Justice  of  the  Peace  and  Quorum, —  appointed  by  the 
governor  and  council  for  seven  years.1 


THE  CITY 
I.  Legislative  Department. 

Board  of  Aldermen,  or  Common  Council,  or  both  (the 
two  bodies  usually  known  together  as  the  City  Council), 
elected  by  the  voters  of  the  several  wards.  The  num- 
ber of  wards,  the  number  of  members  from  each  ward, 
and  the  term  of  office  are  fixed  by  the  city  charter. 

II.   Executive  Department. 

(1)  Mayor,  —  elected  annually  by  popular  vote. 

(2)  Clerk,  Treasurer,  Auditor,  Solicitor,  Engineer,  Assess- 

ors, etc.,  —  chosen  according  to  the  provisions  of  the 
charter,  but  usually  elected  by  the  city  council  with 
the  approval  of  the  mayor. 

(3)  Board    of   Registration,  —  three   members :    one  ap- 

pointed by  the  governor  and  council  for  four  years, 
two  appointed  by  the  mayor  for  three  years  on  nom- 
ination of  the  city  committees  of  the  two  parties 
which  polled  respectively  the  highest  and  next 
highest  number  of  votes  in  the  next  preceding 
gubernatorial  election. 

(4)  Board  of  Health,  —  same  as  in  towns,  with  the  addi- 

tion, usually,  of  a  health  officer  appointed  by  the 
board. 

(5)  Superintending  School  Committee  or  Board  of  Educa- 

tion, —  the  number  and  method  of  choice  are  fixed 
by  the  charter,  the  various  cities  showing  no  uni- 
formity.2 

sioned.    There  is  usually  no  other  trial  justice  in  a  town  in  which  a 
municipal  court  is  established. 

1  See  note  2,  p.  246. 

2  The  provisions  of  the  statutes  relating  to  the  choice  of  the  superin- 
tending school  committee  and  superintendent  of  schools  by  towns  do 
not  apply  to  cities  whose  charters  make  different  provisions. 


248  Appendix  C 

(6)  Superintendent  of  Schools,  —  usually  elected  annually 

by  the  school  committee.1 

(7)  Warden  and  Ward  Clerk,  —  elected  by  the  voters  of 

each  ward  at  the  same  election  at  which  the  mayor 
is  chosen. 

(8)  Minor  officials,  as  in  towns,  —  a  few  appointed   by 

heads  of  departments,  others  by  the  city  council. 

III.   Judicial  Department. 

(1)  Municipal  or  Police  Court,  as  in  towns. 

(2)  Justices  of  the  Peace  and  Quorum,  as  in  towns. 

THE  PLANTATION 

Organization  substantially  the  same  as  that  of  towns,  except 
that  there  is  no  board  of  selectmen.  The  duties  of  selectmen  of 
towns  are  performed  in  plantations  by  the  board  of  assessors. 

1  See  note  2,  p.  247. 


APPENDIX  D 

STATISTICAL   TABLES 

95.   PRESIDENTIAL  VOTE  OF  MAINE 

(Compiled  from  tables  in  Stanwood's  History  of  the  Presidency.  The  name 
of  the  successful  candidate  is  indicated  by  a  star  (*).) 

1820.     "James  Monroe,  Dem.  Rep l 

John  Quincy  Adams,  Nat.  Rep l 

1824.     *John  Quincy  Adams,  Nat.  Rep 10,289 

William  H .  Crawford,  Dem 2,336  2 

1828.     *Andrew  Jackson,  Dem I3>927 

John  Quincy  Adams,  Nat.  Rep 20,733 

1832.     "Andrew  Jackson,  Dem 33*291 

Henry  Clay,  Nat.  Rep 27,204  8 

1836.     *Martin  Van  Buren,  Dem 22,990 

William  Henry  Harrison,  Whig I5>239 

1840.     *  William  Henry  Harrison,  Whig 46,612 

Martin  Van  Buren,  Dem 46,201 

James  G.  Birney,  Abol 194 

1844.     *  James  K.  Polk,  Dem 45,7 19 

Henry  Clay,  Whig 34,378 

James  G.  Birney,  Abol 4*836 

1848.     *Zachary  Taylor,  Whig 35*125 

Lewis  Cass,  Free  Soil , 39,880 

Martin  Van  Buren,  Dem 12,096 

1852.     *Franklin  Pierce,  Dem 41,609 

Winfield  Scott,  Whig 32,543 

John  P.  Hale,  Free  Soil 8,030 

1856.     *James  Buchanan,  Dem 39,080 

John  C.  Fremont,  Rep 67,379 

Millard  Fillmore,  Amer 3,325 

1860.     "Abraham  Lincoln,  Rep 62,811 

Stephen  A.  Douglas,  Northern  Dem.       .     .     .  26,693 

1  Complete  figures  not  available. 

2  Combined  opposition.        3  Includes  votes  cast  for  William  Wirt. 

249 


250  Appendix  D 

1860.  John  C.  Breckinridge,  Southern  Dem.  .  .  .  6,368 

John  Bell,  Union 2,046 

1864.  *  Abraham  Lincoln,  Rep 72,278 

George  B.  McClellan,  Dem 47,736 

1868.  *  Ulysses  S.  Grant,  Rep 70,426 

Horatio  Seymour,  Dem 42,396 

1872.  *  Ulysses  S.  Grant,  Rep 61,422 

Horace  Greeley,  Dem 29,087 

1876.  *  Rutherford  B.  Hayes,  Rep 66,300 

Samuel  J.  Tilden,  Dem 49,9^ 

Peter  Cooper,  Greenback 663 

1880.  *  James  A.  Garfield,  Rep 74>°39 

Winfield  S.  Hancock,  Dem 65,171 

James  B.  Weaver,  Greenback 4,4o8 

Neal  Dow,  Pro 93 

1884.  *  Grover  Cleveland,  Dem 52,140 

James  G.  Elaine,  Rep 72,209 

Benjamin  F.  Butler,  Anti-Monop 3,953 

John  P.  St.  John,  Pro 2,160 

1888.  *  Benjamin  Harrison,  Rep 73,734 

Grover  Cleveland,  Dem 50,481 

Clinton  B.  Fisk,  Pro 2,691 

Alson  J.  Streeter,  Un.  Labor 1,344 

1892.  *  Grover  Cleveland,  Dem 48,044 

Benjamin  Harrison,  Rep 62,931 

James  B.  Weaver,  Peop 2,381 

John  Bidwell,  Pro 3,062 

Simon  Wing,  Soc.  Labor 336 

1896.  *  William  McKinley,  Rep 80,461 

William  J.  Bryan,  Dem 34,587 

John  M.  Palmer,  Nat.  Dem 1,866 

Joshua  Levering,  Pro l>5%9 

1900.  *  William  McKinley,  Rep 65,412 

William  J.  Bryan,  Dem 36,822 

James  G.  Woolley,  Pro 2,585 

Eugene  V.  Debs,  Soc.  Dem 878 

1  Fusion  ticket. 


Population  by  Counties 


251 


t3 

O      ^ 
U      s 


fe      5 
o     ? 


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O       o 
Pk     £ 


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vooo    •*•    in    11     M     t-ooovo     romei    moo    « 
o?S?^S^5?o^<w"vS'^Vpr^5<w~ 

^^•ONH        fOlOfOW        fA      Is*      M        M        COW        -'4'VO 


5-8     2)00     c?  °in  vc?    5     cT 
<  "     °    °°   °° 


vO  OIM  rot-»irivO  OOO  M  «  O  rOt^T»-t>. 
«  I-«OO  lomi-vo  OfOcoONin-^-fOO 

^  t  "2  t  ^  ^  ^  °°.  ^.  ^  °.  ^  ^  t  "2  "« 
opTioo't^"^^^  \c"  cT  i^  M"  vo*  oo*  oT  cT 
w  0  txN  ro«nm«  rot^n  d  <*>co-^-vO 


oo 
NO 


o         ,        »         c- 

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if  1  |gl  fill   1 

•^-  CO    f>  ^**    w 


R  f: 


10        a.  vo  oo    N 

M  S  1  1  1  1  1  1  M  1  1   1  ^  3 


. 

1      J  1 


252 


Appendix  D 


97.   POPULATION  OF   PLACES   OF  4000  INHABITANTS 
OR  OVER  IN  1890  AND  IQOO 

(From  Twelfth  Census  of  the  United  States,  I.,  189-195) 


189O 

19OO 

1890 

1900 

Auburn  .... 
Augusta  .... 
Bangor  .... 
Bath 

11,250 
10,527 
19-103 
8  723 

12,951 
11,683 
21,850 
IO  477 

Fort  Fairfield  .  . 
Gardiner  .  .  . 
Houlton  .... 
Lewiston 

3-526 
5,491 
4,015 
21,701 

4,181 
5,501 
4,686 
23  761 

Biddeford  .... 
Brewer 

14,443 
4  IQ3 

16,145 

4  8^c; 

Old  Town  .  .  . 
Portland2  .  .  . 

5,312 
3642^ 

5,763 
eo,  14=; 

Brunswick  .  .  . 
Calais  
Cape  Elizabeth  1  . 
Caribou  .... 
Deering  .... 
Eastport  .... 
Eden  .  ... 

6.OI2 
7,290 

5.459 
4,087 

5-353 
4,908 

I  046 

6,806 

7,655 
887 

4.758 
5,3" 

4  37Q 

Rockland  .  .  . 
Saco  
Sanford  .... 
Skowhegan  .  .  . 
South  Portland  . 
Waterville  .  .  . 
Westbrook  .  .  . 

8,174 

6,075 
4,201 

5,068 

7>!07 
6,632 

8,150 

6,122 
6,078 

5,180 
6,287 

9,477 
7,283 

Ellsworth  .... 

4,804 

4-297 

1  Part  taken  in  1895  to  form  South  Portland. 

2  Includes  Deering,  annexed  in  1899. 


98.    STATE  FINANCES 

[The  figures  are  taken  from  the  report  of  the  State  Treasurer  for  the 
year  ending  December  31,  1901,  but  the  classification  is  changed  to  show, 
as  far  as  possible,  the  different  kinds  of  revenue  and  expenditure.  The 
items  vary  little  from  year  to  year.] 

A.   STATE  REVENUE 
i.   REVENUE  DERIVED  FROM  TAXATION 

(i)   From  General  or  Direct  Taxes. 

State  tax,  arrears         .         .  $10,353.03 

State  tax,  1900    .         .         .  752,022.65 

State  tax,  1901     .         .         .  166,846.63 

County  tax .         .         .         .  38,749.70 

Carried  forward       ....    $967,972.01 


State  Finances 


253 


Brought  forward       ....    $967,972.01 
(2)   From  Special  or  Indirect  Taxes. 
Corporations. 

Railroad  companies  .     $291,860.01 

Sleeping  and  palace  cars  .  592-36 

Telegraph,    telephone,    and 

express  companies        .         25,253.73 

Insurance  companies  and 
brokers         .         .        .        73,082.78 

Savings  banks  .         .       500,470.92 

Other  banking  and  trust 

companies    .         .         .         22,901.40 

Loan  and  building  asso- 
ciations        .         .         .  214.43 

Corporation  tax        .         .         34,405.00 

New  corporations     .         .         50,810.00 

Increase  of  capital  stock  .          2,270.00 


Fees,  licenses,  and  fines. 

Licenses  from  individuals         $6,575.00 
Licenses  on  dogs     .         .         28,980.00 
Public  officers  and  depart- 
ments ....         32,082.40 

Temporary  loans  and  interest. 

Temporary  loans  .  .  $200,000.00 
Loan  for  war  purposes  .  50,000.00 
Interest  ....  1,805.38 

Miscellaneous. 

Collateral  inheritances      .       $38,951.41 

Railroad  commissioners 
(expenses  paid  by  rail- 
road companies)  .  .  11,189.49 

Reserved  lands        .        .         13,408.08 

Penobscot  Indians,  shore 
rents  .  3474-5° 

War  with  Spain  (from 

United  States)  .  .  28,263.21 

Carried  forward 


1,001,860  63 


67,637.40 


251,805.38 


$2,289,275.42 


254 


Appendix  D 


Brought  forward 

State  liquor  commissioner  $1,500.00 

Miscellaneous  .        .         .  55960.75 

Total  revenue  from  taxation 

and  other  income     .... 
Cash  on  hand  Jan.  i,  1901  . 

Total    .         .  .       . 

B.    STATE   EXPENDITURES 

(1)  General  Administrative  Expenses. 

Salaries  of  public  officers     .  $9i>53i-45 
Expenses  of  offices,  depart- 
ments, and  boards    .         .  101,935.83 
Council       ....  4,241.68 
Contingent  funds         .         .  7,467.81 

(2)  Legislative  Department. 

Pay  roll,  House  of  Represen- 
tatives ....  $31,894.00 
Pay  roll,  Senate  .  .  .  10,324.00 
Contingent  expenses  .  .  12,000.00 
Clerical  expenses  .  .  37560.97 
Committees  .  .  .  1,016.93 
Printing  and  stationery  .  15,180.65 

(3)  Education. 

School  fund  and  mill  tax     .  $531,951.94 

Normal  schools  .         .         .  42,879.77 

University  of  Maine    .        .  20,600.00 

High  schools       .         .         .  36,75 1 .94 

Academies  ....  2,690.00 

State  library        .         .         .  5,073.00 

Public  libraries    .         .        .  4,443.77 

Farmers'  institutes,  etc.       .  16,034.00 

Unorganized  townships       .  2,841.51 

Miscellaneous      .        .        .  5,562.71 

Carried  forward       .  .        , 


$2,289,275.42 


102,747.44 

$2,392,022.86 
198,879.01 

$2,590,901.87 


$205,176.77 


73,976.55 


668,828.64 
$947,981.96 


State  Finances 


255 


(4) 


(5) 


Brought  forward      ....     $947,981.96 
Charities  and  Correction. 

State  charitable  institutions  $239,332.95 
State    correctional     institu- 
tions       ....  88,104.81 
Private  institutions      .         .  37,500.00 
Miscellaneous     .         .         .  27,700.04 


Military  Expenses. 
Militia 
Pensions     . 
Miscellaneous 


(6)    Miscellaneous. 

Public  debt,  loans  reissued  . 

Temporary  loans, 

Interest       .... 

Taxes  and  fees  refunded 

Printing,  etc. 

Indians       .... 

Australian  ballot 

Fish  and  game    . 

Cattle  Commission 

Railroad  and  telegraph  tax 

due  towns 

Sea  and  shore  fisheries 
Topographical  survey 
Miscellaneous 


Total  expenditures 

Cash  on  hand  December  31,  1901 


$29,988.32 

79,°97-33 
6,895.06 


$50,000.00 

350,000.00 

84.059.12 

69,188.04 

88,447.07 

21,294.20 

3,789.82 

34,565.94 

10,975-55 

67,985.04 

13,748.33 

7,577.08 

53,161.99 


392,637.80 


115,980.71 


854,792.18 

$2,293,064.70 
297,837-17 


Total 


$2,590,901.87 


256 


Appendix  D 


C.   RESOURCES  AND   LIABILITIES  OF  THE  STATE 
JANUARY    i,    1902 


i.   RESOURCES 


Cash  in  treasury      .... 
Balance  due  on  state  taxes 
Securities 

Total  resources 

2.   LIABILITIES 

Bonded  debt          . 

Temporary  loans     .... 

Trust  funds  bearing  interest   . 

Miscellaneous  accounts  . 

School  fund  and  mill  tax 

Railroad  and  telegraph  tax 

Dog  licenses  due  towns 

Pensions 

Interest  on  Madawaska  school  fund 
Warrants  drawn  and  not  paid 
County  taxes,  1901,  due  counties     . 


Total  liabilities 


$297,837.17 
762,000.00 
177,894.08 

$1,237,731.25 


$2,053,000.00 

250,000.00 

794,002.06 

177,894.08 

562,162.18 

101,654.99 

24,171.72 

64,579.00 

300.00 

103,323.09 

38,726.13 

$4,169,813.25 


INDEX 


Academies,  134-136. 

Acadia,  3,  9. 

Acadians,  French,  II,  137. 

Act  admitting  Maine  into  the 
Union,  216. 

Act  of  cession,  214-216. 

Administration  of  justice,  95-117. 

Admission  of  Maine,  act  for,  216. 

Admission  of  States,  conditions  on, 
21. 

Agamenticus,  5. 

Agencies,  liquor,  59. 

Agents,  town,  58;   Indian,  165. 

Agriculture,  commissioner  of,  41, 
140  ;  State  board  of,  140. 

Aldermen,   64-65. 

Amendments,  constitution  of 
Maine,  239-242. 

Andros,  Sir  Edmund,  9,  10. 

Anti-trust  law,  156-157. 

Appointments,  36. 

Argall,  Samuel,  5. 

Armories,  147. 

Arms,  keeping  and  bearing,  105. 

Army,  standing,  105. 

Arnold,  Benedict,  expedition  to 
Quebec,  12. 

Aroostook  war,  17. 

Articles  of  separation,  206-214. 

Ashburton  treaty,  17. 

Assembly  and  petition,  right  of,  104. 

Assessment  of  property,  173-175. 

Assessors,  of  taxes,  57;  of  planta- 
tions, 60;  city,  66;  in  cities, 
make  list  of  polls,  79;  local,  173- 


174;  State,  175;  village  corpora- 
tion, 185. 

Attorney  general,  40. 

Auditor,  town,  58;   city,  66. 

Augusta,  State  capital,  48. 

Australian  ballot,  87-90. 

Bail,  113. 

Ballot,  general  provisions,  87-90. 

Bangor,  plundered  by  British,  13; 

caucuses  in,  83;  district  system 

abolished,  119. 
Bank  examiner,  40. 
Banks,  taxation  of,  1 78. 
Bath,    district    system    abolished, 

119;    Military  and    Naval    Or- 
phan Asylum,  151. 
Belfast,  13. 

Biddeford,  caucuses  in,  84. 
Bills   and    resolutions,   procedure, 

44-46. 

Blind,  care  of,  152. 
Boards   and   commissions,   41-42, 

243-245;    of  health,  State,  42; 

of  health,  town,  58;  of  health, 

city,  66;   of  registration,  79;  of 

education,  119. 
Bonds,  183-184. 
Borrowing,  170. 
Boundaries,  State,  I;  town,  54-55; 

county,  69. 

Bowdoin  College,  13,  22. 
Boxer,  capture  of,  13. 
Brewer,  64. 
Brunswick,  7,  15,  62. 


257 


2S8 


Index 


Bureau  of  industrial  and  labor  sta- 
tistics, 155-157. 
By-laws,  town,  59. 

Calais,  18,  64. 

Canada,  county  of,  9. 

Castine,  12,  13,  136. 

Cattle  commission,  State,  158-159. 

Caucus,  83-84. 

Central  government,  32-52;  out- 
line, 243-245. 

Certificate  of  nomination,  84-85. 

Cession,  act  of,  214-216. 

Champlain,  visits  Passamaquoddy 
Bay,  3. 

Charitable  institutions  exempt  from 
taxation,  181-182. 

Charities,  State,  150-152. 

Charter,  city,  62-63;  °f  Massa- 
chusetts, first,  200-201;  of  Mas- 
sachusetts, second,  205-206;  of 
Virginia,  194-197. 

Cities,  government,  62-67,  247- 
248;  registration  of  voters,  79- 
80;  schools,  126. 

Civil  procedure,  io8-iu. 

Civil  War,  Maine  in,  17-18. 

Cleeve,  George,  7. 

Clerk,  town,  56-57;  of  elections, 
89;  of  village  corporation,  185. 

Collection  of  taxes,  175-177. 

Collector  of  taxes,  57,  66,  176;  of 
village  corporation,  185. 

Colleges,  taxation  of,  181-182. 

Colonial  schools,  118. 

Commissioner,  of  agriculture,  41; 
of  industrial  and  labor  statistics, 
41,  155-156;  of  sea  and  shore 
fisheries,  1 64- 1 65;  of  schools,  1 20. 

Commissioners,  railroad,  41;  of 
inland  fisheries  and  game,  42, 
164;  of  public  works,  66. 

Committees,  council,  38;  city  coun- 
cil, 65;  legislature,  47-48;  po- 
litical parties,  80-8 1. 


Common  council,  64-65. 

Common  law,  what  is,  97. 

Compulsory  attendance  at  school, 
124. 

Conditions  on  admission  of  States, 
21. 

Constables,  58. 

Constitution  of  Maine,  formation, 
23-24;  preamble  and  bill  of 
rights,  24-26;  amendments,  20- 
27,  239-242;  draft  of  1875,  26- 
27;  text,  214-240. 

Constitutional  convention,  15. 

Contracts,  102-103. 

Conventions,  nominating,  82-83. 

Conveyance  of  pupils,  124. 

Convicts,  employment  of,  154. 

Cornwall,  county  of,  9. 

Corporations,  taxation  of,  177-180; 
village,  184-188. 

Correctional  institutions,  152-155. 

Corrupt  practices,  92. 

Council,  37-38. 

Council  for  New  England,  5,  6, 
197-199. 

County,  government  of,  67-72, 245- 
246;  attorney,  51,  114;  clerk, 
51;  taxes,  174;  teachers'  asso- 
ciations, 131. 

County  commissioners,  60-61,  69. 

County  of  Canada,  9. 

County  of  Cornwall,  9. 

Courts,  supreme  judicial,  49-50; 
superior,  51;  probate  and  insol- 
vency, 51;  jurisdiction,  106  seq. 
See  Judiciary,  Crime,  Civil  Pro- 
cedure, Criminal  Procedure. 

Crime,  111-112.  See  Correctional 
Institutions. 

Criminal  procedure,  Ill-n6. 

Cumberland  County  established,  1 1. 

Danforth,  Thomas,  10. 

Deaf  and  dumb,  care  of,  151-152. 

Debt,  State  and  local,  170. 


Index 


259 


Deeds,  register  of,  70. 

Deering,  64. 

Delinquent  taxes,  176-177. 

De  Monts,  grant  to,  3. 

Departments   of  government,  28, 

3i»  33- 

Disease,  prevention  and  treatment 

of,  157-159. 

District,  of  Maine,  12  seq. ;  legisla- 
tive, 43;  school,  118. 

Duke  of  York,  grant  to,  9,  204. 

Eastern   Maine  insane    Hospital, 

Eastport,  13,  64. 

Eden,  62. 

Education,  118-142.     See  Schools. 

Educational  institutions  exempt 
from  taxation,  181-182. 

Educational  qualifications  for 
electors,  76. 

Elections,  87-94;  of  1879-1880, 
18-19;  tmie  °f»  34~35»  9i»  bal- 
lots in  town,  90;  corrupt  prac- 
tices, 92. 

Electors,  who  are,  75-76;  presi- 
dential, 91. 

Ellsworth,  62,  64. 

Eminent  domain,  105,  note  I. 

Enterprise  and  Boxer,  13. 

Examination  of  teachers,  130-131. 

Executive  department,  28-29,  34~ 
42,  243-245. 

Exemptions  from  taxation,  180- 
182. 

Expenditure,  public,  182-184. 

Express  companies,  taxation  of, 
180. 

Factory  inspector,  41,  156. 
Falmouth,  8,  II,  12,  14. 
Falmouth  Gazette,  14. 
Farmers'  institutes,  140-141. 
Farmington,  136. 
Fence  viewers,  58. 


Finances,  131-134. 
Fire  department,  cities,  66. 
Fire  wards,  58. 
Fires,  forest,  163-164. 
Fish  and  game,  164-165. 
Fish  wardens,  165. 
Forest  commissioner,  163. 
Forests  and  public  lands,  161-164. 
Fort  Kent,  138. 

Freedom,  of  the  press,  104;   reli- 
gious, 104. 
Free  high  schools,  133. 

Game  and  fish,  164-165. 

General  warrants,  105,  note  I. 

Gilbert,  Ralegh,  4. 

Gores,  62. 

Gorgeana,  7. 

Gorges,  Sir  Ferdinando,  5-7;  Fer- 

dinando,   8;    William,    7;     and 

Mason,  grant  to,  199-200. 
Gorham,  136. 
Government,    nature    of,    32-33; 

central,    32-52;    local,    53~745 

outline,  243-248. 
Governor,    34-36;     governors   of 

Maine,  192-193. 
Grades  of  schools,  128-129. 
Grant   of    Maine   to   Gorges   and 

Mason,  199-200. 
Guarantees,  national,  to  State,  22- 

23- 
Guides,  licensing  of,  42. 

Habeas  corpus,  113-114. 

Hallowell,  64. 

Hampden,  13. 

Hancock  County  established,  13. 

Health,   public,     157-159;     State 

board,    157-158;    local   boards, 

158. 
Henry  IV.  of  France,  grant  to  De 

Monts,  3. 
House  of  Representatives,  42-43. 


260 


Index 


Illegal  voting,  92. 

Immigration  to  Maine,  12. 

Impeachment,  48. 

Income,  State,  169. 

Incorporation  of  towns,  54-55. 

Indians,  165-166;  not  voters,  77. 

Industrial  School  for  Girls,  155. 

Inequalities  in  taxation,  187-188. 

Insane,  care  of,  151. 

Inspector  of  factories,  156. 

Inspectors,  town,  58  ;  of  prisons 
and  jails,  154. 

Insurance,  commissioner,  40  ;  cor- 
porations, taxation  of,  179. 

Jails,  153. 

Journal,  of  council,  38  ;  legislative, 

43- 

Judicial  department,  29. 
Judiciary,  49-52.     See  Courts. 
Jurisdiction,  106  seq. 
Jury,  traverse,  1 10  ;   grand,  1 14. 
Justice,  administration  of,  95-117. 

See  Judiciary. 
Justice  of  peace  and  quorum,  51. 

Kennebec  County  established,  13. 
Kittery,  8. 

Labor,  155-157 ;  law  of  1887, 
125-126. 

Lakes  of  Maine,  2. 

Land  agent  and  forest  commis- 
sioner, 40,  162-163. 

Lands  and  forests,  161-164. 

Law,  defined,  96 ;  kinds  of,  97  ; 
martial,  149  ;  prohibitory,  159- 
161  ;  publication,  46-47. 

Law  court,  50. 

Legislative  control  of  local  gov- 
ernment, 73-74. 

Legislature,  how  composed,  28 ; 
organization  and  work,  42-49. 

Libraries,  public,  141-142. 

Library  commission,  142. 


Lincoln  County  established,  n. 
Liquor  commissioner,  State,  160. 
Loan    and    building   associations, 

taxation  of,  178-179. 
Loans,  temporary,  184. 
Local  government,  29-30,  34,  53- 

74- 

Louisburg,  n. 
Lygonia,  7,  8. 

Machias,  12. 

Madawaska  training  school,  137- 

138- 

Maine,  boundaries,  I  ;  grant  to 
Gorges  and  Mason,  5  ;  grant  to 
Gorges,  6  ;  claim  of  Massachu- 
setts, 8-9  ;  population,  lo-n, 
251-252 ;  admission,  16 ;  for- 
mation of  constitution,  23-24 ; 
constitution,  216-242  ;  Univer- 
sity of,  138-139  ;  Insane  Hos- 
pital, 151  ;  School  for  the  Deaf, 
151-152;  Industrial  School  for 
Girls,  155  ;  record  of  events, 
189-192;  governors,  192-193 ; 
grant  of,  203-204  ;  articles  of 
separation,  206-214  ;  act  of  ces- 
sion, 214-216 ;  act  of  admis- 
sion, 216. 

Maine  law,  159-162. 

Manufacturing  corporations,  taxa- 
tion of,  179. 

Martial  law,  149. 

Mason  and  Gorges,  grant  to,  5. 

Massachusetts  and  Maine,  7-12  ; 
first  charter,  200-201  ;  second 
charter,  205-206. 

Mayor,  65-66. 

Militia,  145-149. 

Mill  tax,  134. 

Ministers  exempt  from  military 
service,  145. 

Missouri  compromise,  15. 

Moderator,  56. 

Monhegan,  4. 


Index 


261 


Mount  Desert,  5. 
Mount  Katahdin,  2. 
Municipal  court,  66;  officer,  mean- 
ing, 54- 

National  Guard,  146-147. 

Naval  reserve,  149. 

Newcastle,  county  of,  9. 

New  England,  grant  to  council 
for,  5,  197-199 ;  Confedera- 
tion, 7. 

New  party,  Penobscot  Indians, 
1 66,  note  3. 

Nominations  and  elections,  75-94. 

Normal  schools,  136-138. 

Northeast  boundary,  16-17. 

Notaries  public,  51. 

Office  holding.     See  Nominations 

and  Elections. 
Old  party,  Penobscot  Indians,  166, 

note  3. 

Old  Town,  64. 
Orphans   of  soldiers  and  sailors, 

care  of,  151. 
Overlay,  174,  note  3. 
Overseers  of  poor,  58,  66. 
Oxford  County  established,  13. 

Palace  cars,  taxation  of,  179. 

Pardons,  36. 

Party    history,    18 ;    organization, 

80-8 1. 

Passamaquoddy  Indians,  165-166. 
Paupers,  77,  150. 
Pejepscot  purchase,  7. 
Pemaquid,  5,  7,  9. 
Penobscot  Indians,  165-166. 
Pensions,  149-150. 
Pepperell,  Sir  William,  II. 
Perkins  Institute  for  the  Blind,  152. 
Petition,  nomination  by,  85  ;   right 

of  assembly  and,  104. 
Plantation,  59-61,  177. 


Platform,  party,  83. 

Pleadings,  109. 

Plymouth  Company  grant,  4,  5, 
202-203. 

Police,  towns,  58 ;  examining 
board,  66  ;  power,  144. 

Poll  tax,  79,  172. 

Poor,  overseers  of,  58,  66. 

Popham  colony,  4. 

Population  of  Maine,  10-11,  13, 
251-252. 

Portland,  13,  15,  67,  note,  83,  119. 

Presidential  electors,  91-92  ;  vote 
of  Maine,  249-250. 

President  of  Senate,  47. 

Press,  freedom  of,  25,  103. 

Pring,  Martin,  3. 

Privileges  of  electors,  92-93. 

Probate  court,  51. 

Procedure,  civil,  108-111  ;  crimi- 
nal, 111-117. 

Prohibitory  law,  141,  159-161. 

Property,    101-102 ;     assessment, 

I73-I75- 
Protection    and    comfort    of    the 

State,  143-166. 
Province  of  Maine,  grant  of,  203- 

204. 

Public  expenditure,  182-184. 
Public  health,  157-159. 

Quakers,  exempt  from  military  ser- 
vice, 145. 
Qualifications  for  office,  86-87. 

Railroad  commissioners,  41. 
Railroads,  taxation  of,  179. 
Randolph,  Edward,  9. 
Receipts  and  expenses,  167-170. 
Record  of  events,  188-191. 
Reform  School,  154-155. 
Reform  in  taxation,  188. 
Register,  of  deeds,  70;  of  probate, 

57- 
Registration  of  voters,  79-80. 


262 


Index 


Religious  freedom,  104  ;  institu- 
tions exempt  from  taxation,  181- 
182. 

Reporter  of  decisions,  50. 

Representatives,   appointment    of, 

43- 

Republican  form  of  government,  22. 

Reserved  lands,  162. 

Revenue,  bills,  46;  and  expendi- 
ture, 167-188. 

Revised  statutes,  meaning,  47. 

Revolutionary  War,  Maine  in,  n- 

12. 

Rights  and  duties,  98-105;  of  in- 
dividuals, 99-100;  of  property, 

IOI-IO2. 

Rivers  of  Maine,  2. 
Road  commissioner,  57. 
Rotation  in  office,  86-87. 

Saco,  5,  7. 

Sagadahoc,  7;  county,  9. 

Sale  of  lands,  162. 

Savings  banks,  taxation  of,  134, 
178. 

Scarboro,  8. 

Schools,  State  superintendent  of, 
58,  127-128;  history  of,  118- 
121;  law  of  1821,  119;  local  or- 
ganization and  management, 
121-126;  school  year,  123;  text- 
books, 123;  attendance,  124- 
125;  truancy,  125;  in  cities, 
126;  in  unincorporated  places, 
126;  grades,  128-129;  studies, 
129-130;  summer,  131;  finances, 
131-134;  normal,  136-138;  Uni- 
versity of  Maine,  138-139.  See 
Education. 

Sea  and  shore  fisheries,  commis- 
sioner of,  164-165. 

Search  and  seizure,  104-105. 

Secretary  of  state,  39,  46,  85,  90. 

Secret  ballot,  87-90,  93. 

Selectmen,  56,  80. 


Self-nomination,  86. 

Senate,  43. 

Separation,  14-16;  articles  of, 
206-214. 

Settlement,  legal,  in  State,  150. 

Sheriff,  70-71. 

Sinking  fund,  184. 

Smith,  Captain  John,  5. 

Somerset  County  established,  7,  13. 

South  Portland,  64. 

Speaker  of  House  of  Representa- 
tives, 47. 

"Split"  ticket,  88. 

State,  as  member  of  the  Union,  22- 
23;  constitution,  23;  tax,  169, 
174;  protection  and  comfort  of 
the,  143-166;  government  in 
outline,  243-248;  finances,  252- 
256. 

State  assessors,  41,  175;  board  of 
health,  157-158;  cattle  commis- 
sion, 158-159;  liquor  commis- 
sioner, 160;  prison,  153-154; 
Reform  School,  154-155;  super- 
intendent of  public  schools,  127- 
128. 

"  State  steal,"  19. 

Street  railroads,  taxation  of,  179. 

Studies,  in  schools,  129-130. 

Suffrage,  75-78. 

Summer  schools,  131. 

Superintendent  of  schools,  58, 122- 
123. 

Superintendent,  State,  of  public 
schools,  40.  See  Education, 
Schools. 

Superintending  school  committee, 
58,  122. 

Superior  courts,  51. 

Supreme  judicial  court,  49-50,  145, 
148. 

Surplus,  62. 

Taxes,  in  plantations,  58;  general 
provisions,  168-173;  collection 


Index 


263 


of,  I75~I77>   corporations,  177- 
180;   exemptions,  180-182. 
Teachers,    examination    of,    130- 

131- 

Telegraph  and  telephone  compa- 
nies, taxation  of,  180. 

Temporary  loans,  184. 

Text-books,  123. 

"  Three  mile  "  claim  of  Massachu- 
setts, 8. 

Timber  lands,  163. 

Town,  government  of,  53-59;  cau- 
cuses, 84;  ballots  in  town  elec- 
tions, 90;  school  appropriations, 
I32~I33;  government  in  out- 
line, 246-247. 

Tract,  62. 

Transfer  of  property,  101-102. 

Treasurer,  State,  39;  town,  57; 
city,  66;  county,  69;  village 
corporation,  185. 

Trial  justice,  51. 

Truancy,  125. 

Tythingmen,  58,  note  2. 


Unincorporated 
177. 


places,   61,    126, 


Union  of  towns  for  school  super- 
intendence, 122. 

Van  Buren,  138. 

Veto  power,  46. 

Village  corporation,  184-187. 

Virginia,  first  charter  of,  194-197. 

Voters,  qualifications,  75-76;  reg- 
istration, 79-80. 

Voting  places,  88-89.  See  Bal- 
lot, Elections. 

War  of  1812,  13;  Civil  War,  debt, 
1 8. 

Wardens,  game,  164;   fish,  165. 

Wards,  in  cities,  65. 

Wards,  fire,  164. 

Warrant,  town  meeting,  55;  gen- 
eral, 105,  note  i. 

Washington  County  established,  13. 

Water  commissioners,  66. 

Westbrook,  64. 

Weymouth,  voyage  of,  4. 

Wrongs,  1 08. 

York,  5. 

York  County  established,  7,  8. 

York,  Duke  of,  grant  to,  9,  204. 


Handbooks  of  American  Government 

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